SOUTH AUSTRALIA]

No. 19

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  11  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.

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

                 By The Hon. I. Gilfillan from 79 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. 8 -
Genetically Modified
Crops Management
Act 2004.

 

 

    3.

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

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

                 Basin Salinity Management Strategy 2001-2015 - Ministerial Council Resolution.

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

                 Reports, 2003-2004 -

                          Arid Areas Catchment Water Management Board.

                          Carrick Hill Trust.

                          Clare Valley Water Resources Planning Committee.

                          Country Arts SA.

                          Department for Administrative and Information Services.

                          Department of Education and Children’s Services - Children’s Services.

                          Environment Protection Authority.

                          Environment Protection Authority - the Administration of the Radiation Protection and Control Act 1982.

                          Eyre Peninsula Catchment Water Management Board.

                          General Reserves Trust.

                          History Trust of South Australia.

                          Libraries Board of South Australia.

                          Northern Adelaide and Barossa Catchment Water Management Board.

                          Onkaparinga Catchment Water Management Board.

                          Pastoral Board of South Australia.

                          Patawalonga Catchment Water Management Board.

                          Privacy Committee of South Australia.

                          River Murray Catchment Water Management Board.

                          South Australian Soil Conservation Council.

                          South Australian-Victorian Border Groundwaters Agreement Review Committee.

                          South Australian Youth Arts Board.

                          South East Catchment Water Management Board.

                          South Eastern Water Conservation and Drainage Board.

                          The Department of Water, Land and Biodiversity Conservation.

                          Torrens Catchment Water Management Board.

                          Water Well Drilling Committee.

                          Wilderness Protection Act.

                          Zero Waste SA.

 

Papers.

 

   4.

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 Heads of Agreement between South Australia and Carnegie Mellon University and its Commercial Affiliate, iCarnegie, together with a copy of the Heads of Agreement.

 

Ministerial
Statement Tabled.

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier concerning Employment Figures for South Australia.

 

Ministerial
Statement Tabled.

   6.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J.M.A. Lensink to complete her question to him and for the Minister to complete his reply.

                 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.

 

   7.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment 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. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. K. J. Reynolds moved on page 3, after line 5, to insert new subclauses as follow:

“(2)      Schedule 1, clause 2(1)—after paragraph (b) insert:

(c)     any other conduct which resulted in a person who, at the time that the alleged conduct occurred, was a child in State care suffering physical abuse or mental trauma,

  (3)      Schedule 1, clause 2(2)(d)—after "sexual" insert:

, physical or mental”.

                 Question - That the amendment be agreed to - put.

Commission of
Inquiry (Children
in State Care)
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. K. J. Reynolds (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause 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.

                 The Hon. N. Xenophon moved - That the Bill be recommitted in respect of clause No. 5.

                 Question put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

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. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the recommittal of clause No. 5.

 

In the Committee

 

                          Recommitted Clause No. 5 read.

                 The Hon. N. Xenophon moved on page 3, after line 5, to insert new subclause as follows:

                          “(2)      Schedule 1, clause 2(1)(6) - After “death of” insert:

                                       , or endangered the life of,”.

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

_____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same without amendment; whereupon the Council adopted such reports.

                 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.

                

 

10.

The following Message from the House of Assembly was received and read -

Message No. 9

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Oaths Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 November 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.

                 Debate ensued.

                 Question - That this Bill be now read a second time - 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. 4 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.

 

Messages from
House of Assembly:
Oaths (Judicial
Officers)
Amendment Bill.

 

11.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning Railway Emergency Procedures.

 

Ministerial
Statement Tabled.

12.

The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning Payments to Catchment Water Management Boards.

 

Ministerial
Statement Tabled.

13.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Pitjantjatjara Land Rights (Regulated Substances) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                 The Hon. N. Xenophon moved on page 2, after line 17, to insert new clause as follows:

                          “4A—Amendment of section 19—Unauthorised entry on the lands

(1)        Section 19(8)—after paragraph (d) insert:

(da)     a representative of the news media who enters the lands for the purpose of investigating or reporting on a matter of public interest occurring on, or having a connection with, the lands;

(db)     a person providing an assessment and treatment service established by the Minister in accordance with section 42BA;

(2)        Section 19(9)—delete "or (d)" and substitute:

                                                 , (d), (da) or (db)”.

                          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.

 

Pitjantjatjara Land
Rights (Regulated
Substances)
Amendment Bill.

14.

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

 

Postponement
of Business.

 

15.

Ordered - That the Council, at its rising, do adjourn until Monday, 22 November 2004, at fifteen minutes past two o’clock.

 

Next Day
 of Sitting.

 

 

16.

Council adjourned at six minutes past six o’clock until Monday, 22 November 2004, 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. C. Zollo

The Hon. N. Xenophon