SOUTH AUSTRALIA]

No. 82

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  NOVEMBER  2005

 

 

 

   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), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

   3.

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 to three 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.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Keeping Them Safe) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 which the Hon. K. J. Reynolds had moved to amend on page 6, after line 12, by inserting new subclause as follows:

     “(3)      Section 8—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

                 (2)     The Minister must, in cases where child abuse or neglect is substantiated, ensure—

                          (a)   that appropriate services are available—

(i)      to minimise the effects of the abuse or neglect on the affected child or children; and

(ii)     to foster, maintain and strengthen family relationships so far as that object is feasible in the circumstances and consistent with the best interests of the child or children affected by the abuse or neglect; and

(iii)    to provide necessary material and psychological support; and

                          (b)    that the affected families are given every possible encouragement to avail themselves of those services.

                 (3)     The Minister must ensure that, when a child is placed in the care of persons approved as foster parents under the Family and Community Services Act 1972, the foster parents are provided with appropriate and adequate support and resources to care for the child properly.”

- further  considered.

                 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 motion.

 

Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Lochiel Park Lands) 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 and ordered to be resumed on motion.

 

Local Government
(Lochiel Park Lands)
Amendment Bill.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Victoria Square Bill be now read a second time:

                 Debate resumed.

                 And the Hon. J. F. Stefani having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Victoria Square
Bill.

 

10.

At thirty minutes past twelve o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  11.

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

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

                 Speed Management - Road Traffic Act 1961 - Report, 2004-2005.

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

                 Reports, 2004-2005 -

                          South Australian National Parks and Wildlife Council.

                          South Australian Soil and Conservation Council.

                 Gaming Machine Licensing Guidelines - 2 November 2005 - Section 86A of the Gaming Machines Act 1992.

 

Papers.

 

12.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Science and Information Economy (The Hon. K. A. Maywald, M.P.) concerning a Grant through the Australian Research Council Linkage Grant Scheme to the Australian Mineral Science Research Institute.

 

Ministerial
Statement Tabled.

 

13.

The Minister for Mental Health and Substance Abuse tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning Flooding affecting the Northern Adelaide Plains.

 

Ministerial
Statement Tabled.

 

14.

The President made the following Statement -

“In this Council yesterday, The Hon. Mr. Redford raised what he deemed ‘a matter of privilege’.  The matter concerned a news release by the Minister for Agriculture, Food and Fisheries in another place.  The Hon. Mr. Redford believed that the press release concerning a motion to disallow the Commercial Net Fishing Regulations ‘seeks to misrepresent the work of the Legislative Review Committee’ and, in particular, reflects upon the conduct of The Hon. A. J. Redford as a Member of the Committee.

I draw the Honourable Member’s attention to Legislative Council Standing Order No. 399 which states -

“If any information comes before a Committee that charges any Member of the Council, the Committee shall only direct that the Council be acquainted with the matter of such information, without proceeding further thereupon.”.

In matters affecting the Committees appointed under the Parliamentary Committees Act 1991, the Legislative Council Standing Orders apply.  Accordingly, I would suggest to The Hon. Mr. Redford that he refers this matter to the Legislative Review Committee which should then make a Special Report to both Houses for their consideration.

 

President’s
Statement:
Allegation that
Reflects on a
Committee
Member.

 

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

16.

On the Order of the Day read for the adjourned debate on the question - That the Adelaide Park Lands 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 an Order of the Day for next day of sitting.

 

Adelaide Park
Lands Bill.

 

17.

Ordered - That the adjourned debate on the question - That the Local Government (Lochiel Park Lands) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

Local Government
(Lochiel Park Lands)
Amendment Bill.

 

 

                 The President ruled that the Bill was a Hybrid Bill and must be referred to a Select Committee, pursuant to Standing Order No. 268.

                 The Minister for Industry and Trade moved - That the Standing Orders be so far suspended as to enable the Bill to be proceeded with as a Public Bill.

                 Debate ensued.

                 Question put.

President”s
Ruling:
Hybrid Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

 

 

                 The Hon. R. I. Lucas moved - That the Select Committee consist of The Minister for Industry and Trade, the Hon. G. E. Gago, the Hon. J. F. Stefani, the Hon. N. Xenophon 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 Monday, 21 November 2005.

                 Question put and passed.

 

Select Committee
Appointed.

 

  18.

Ordered - That the adjourned debate on the question - That the Victoria Square Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Victoria Square
Bill.

 

19.

The Minister for Industry and Trade, according to order, moved - That the Transplantation and Anatomy (Post-Mortem Examinations) Amendment Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

 

  20.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Relationships) Bill.

 

In the Committee

 

                          Clause No. 86 further considered.

                 The Hon. N. Xenophon moved on page 31, line 23, to leave out “3” and insert “5”.

                 Question - That the amendment be agreed to put.

Statutes Amendment
(Relationships) Bill.

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

      So it passed in the negative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 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.

 

 

 

22.

In reply to a matter raised earlier this day, the President made the following Statement:

                 “It is Hansard policy to allow changes, but those changes are limited to matters of fact, spelling, grammar or syntax.  Hansard changed the word ‘lease’ to ‘release’ in the belief that this was a minor change of fact.  It now appears that the change was more significant than Hansard originally realised, and the Hansard report will be corrected to reflect the exact words spoken.  The audio has been checked to confirm those words.

                 The words ‘in conjunction’ were added before the words ‘with the Assemblies of God community’ in the belief that this was related to amplification of the fact.  Likewise, this was confirmed against the audio.”

 

President’s
Statement:
Hansard
Alterations.

 

23.

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. in order for the completion of the 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.

 

24.

The Hon. R. I. Lucas, by leave, moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Select Committee on the Local Government (Lochiel Park Lands) Amendment Bill 2005 to have a deliberative vote only.

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

                 The Hon. R. I. Lucas moved - That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council.

                 Question put and passed.

Local
Government
(Lochiel Park Lands)
Amendment Bill:
Select Committee on.
Suspension of
Standing Orders.

 

 

 

                 The Hon. R. I. Lucas moved - 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.

                 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.

 

25.

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

 

Postponement
of Business.

 

26.

Ordered - That the Council, at its rising, do adjourn until Monday, 21 November 2005, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

27.

Council adjourned at twenty-five minutes to seven o’clock until Monday, 21 November 2005, 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. N. Xenophon

The Hon. C. Zollo