SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  10  NOVEMBER  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 1.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the Fourth Session of the 50th Parliament, viz.:

                 No. 40 of 2004 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 41 of 2004 - An Act to amend the Stamp Duties Act 1923.

                 No. 42 of 2004 - An Act to amend the Tobacco Products Regulation Act 1997.

Government House, Adelaide,                                    MARJORIE JACKSON-NELSON, Governor.

10 November 2004.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the President -

                 Alexandrina Council - Report, 2003-2004.

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

                 Department of Transport and Urban Planning - Report, 2003-2004.

 

Papers.

 

   4.

The Hon. C. Zollo brought up the Ninth Report, 2004-2005, of the Legislative Review Committee.

Legislative
Review
Committee -
Ninth Report,
2004-2005.

 

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

   7.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land and Business (Sale and Conveyancing) Act 1994; and to make a related amendment to the Building Work Contractors Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until Wednesday, 24 November 2004.

 

Land and Business
(
Sale and
Conveyancing)
(Property
Inspections)
Amendment  Bill.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 6, Orders of the Day (Private Business) No. 1 to No. 23, Notice of Motion (Government Business) No. 1 and Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

 

   9.

Order of the Day read for the third reading of the Professional Standards Bill.

                 The Chairman of Committees, having certified that the fair print of this Bill was in accordance with the Bill as agreed to in Committee and reported with amendments:

                 The Minister for Industry and Trade moved - That the Bill be recommitted in respect of clause No. 15.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the recommittal of clause No. 15.

 

In the Committee

 

                          Recommitted clause No. 15 considered.

                 The Minister for Industry and Trade moved on page 7, line 28, to leave out “as follows” and on page 7, lines 29 to 36, to leave out paragraphs (a) and (b) and insert new paragraphs as follow:

                 “(a)     on such day after the date of its publication as may be specified by the Minister by notice in the Gazette; or

                   (b)     if no such day is specified2 months after the date of its publication.”

                 Question - That the amendment be agreed to - put and passed.

                          Recommitted clause No. 15, as further amended, agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Professional
Standards Bill.

 

10.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate covert surveillance of employees in the workplace; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on Wednesday, 24 November 2004.

 

Workplace
Privacy Bill.

 

 

11.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business Discharged.

 

12.

Ordered - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

13.

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

                  I.      That a Select Committee be appointed to investigate and report upon issues relating to unlawful practices raised by the Auditor-General in his Annual Report, 2003-2004, and, in particular, all issues related to the operation of the Crown Solicitor’s Trust Account and the $5 million “interagency loan” between the Department for Administrative and Information Services and the Department for Water, Land and Biodiversity Conservation and all other related matters.

                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 reported 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 Hon. S. M. Kanck had moved to amend in paragraph I by inserting “allegedly” before “unlawful practices”, by inserting “(a)” after “in particular,” and by inserting the following paragraphs after “Land Biodiversity Conservation”:

“(b)   whether the practices were in fact unlawful;

 (c)    the extent to which these practices have been used in other Departments;

 (d)   issues of natural justice surrounding the treatment of Ms Kate Lennon;

 (e)    why agencies were unable to meet statutory reporting deadlines;

 (f)    suggestions as to how the management of unspent funds should be approached in the future;

 (g)”:

                 Debate resumed.

                 The Minister for Industry and Trade having sought leave to conclude his remarks:

                 Leave denied.

                 The Hon. J. M. Gazzola moved - That the debate be now adjourned.

                 Question put.

Unlawful Practices
raised in the
Auditor-General’s
Annual Report,
2003-2004 -
Motion for Select
Committee on.

 

 

             Committee divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. T. G. Cameron

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. A. J. Redford

The Hon. K. J. Reynolds

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. I. Lucas (Teller)

 

 

 

                 Debate resumed.

                 Question - That the word “allegedly” as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and passed.

                 Question - That the remaining paragraphs (b) to (g) as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and passed.

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

 

 

 

                 The Hon. R. I. Lucas then moved - That the Select Committee consist of the Minister for Industry and Trade, the Hon. T. G. Cameron, the Hon. D. W. Ridgway, the Hon. R. K. Sneath, and the mover.

                 Question put and passed.

                 The Hon. R. I. Lucas moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 8 December 2004.

                 Question put and passed.

 

Select Committee
Appointed.

 

14.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That the Report of the Aboriginal Lands Parliamentary Standing Committee 2003-2004, be noted:

                 Debate resumed.

                 Question put and passed.

 

Report of the
Aboriginal Lands
Parliamentary
Standing Committee,
2003-2004,
to be noted -
Motion re.

 

16.

Ordered - That Orders of the Day (Private Business) No. 7 to No. 12 be Orders of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

17.

At one minute 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.

 

18.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business Discharged.

 

19.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 16 be Orders of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

20.

Ordered - That Order of the Day (Private Business) No. 17 be discharged.

 

Business Discharged.

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 22 be Orders of the Day for Wednesday, 24 November 2004.

 

Postponement
of Business.

 

22.

Order of the Day read for the third reading of the Summary Offences (Tattooing and Piercing) Amendment Bill.

                 The Chairman of Committees, having certified that the fair print of this Bill was in accordance with the Bill as agreed to in Committee and reported with amendments:

                 The Hon. N. Xenophon moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

 

23.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Funds Management Corporation of South Australia Act 1995.

                 Question put and passed.

                 Bill introduced and 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.

 

Superannuation
Funds Management
Corporation of
South Australia
(Miscellaneous)
Amendment Bill.

 

24.

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.

 

25.

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

                 Debate resumed.

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

 

Correctional Services
(Miscellaneous) Amendment Bill.

 

26.

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.

 

27.

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

                 Debate resumed.

                 And the Minister for Industry and Trade having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

28.

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

 

Postponement
of Business.

 

29.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for Wednesday, 9 February 2005.

 

Postponement
of Business.

 

30.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

31.

Council adjourned at ten 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. C. Zollo

The Hon. N. Xenophon