SOUTH AUSTRALIA]

No. 13

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  12  NOVEMBER  2008

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Hon. J. M. Gazzola brought up the Seventh Report, 2008, of the Legislative Review Committee.

       

Legislative Review
Committee -
Seventh Report,
2008.

 

 

   3.

The Hon. J. M. Gazzola brought up the Eighth Report, 2008, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations and By-laws listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations and By-laws, the Committee may decide to take no further action.

                 Regulations referred to -

Electricity Act 1996 - Residential Energy Efficiency Scheme.

Freedom of Information Act 1991 - Exempt Agency.

Gas Act 1997 - Residential Energy Efficiency Scheme.

                 By-laws referred to -

Local Government Act 1999 - District Council of Yorke Peninsula - By-laws - A-J - General.

 

Legislative Review
Committee -
Eighth Report,
2008.

 

 

    4.

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

        By the Minister for Correctional Services (The Hon. C. Zollo) -

                 Primary Industries and Resources South Australia - Report, 2007-2008.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Reports, 2007-2008 -

                          Land Board.

                          Optometry Board of South Australia.

                          Pastoral Board of South Australia.

                          South Australian National Parks and Wildlife Council.

                          Wilderness Advisory Committee.

 

Papers.

 

   5.

The Minister for Mineral Resources Development, while making a Ministerial Statement on Building Safety, by leave, tabled the following documents:

                 A copy of a letter to the Minister from Mr. David Gaffney, Executive Director, Housing Industry Association, South Australia, dated 2 October 2008.

                 An extract from an Australian Institute of Building Surveyors document concerning levels of accreditation for building surveyors, together with an extract from their web-site.

                 A copy of an Australian Institute of Building Surveyors’ Certificate of Accreditation certifying Mr. George Vanco.

                 A copy of a letter to the Minister from Mr. Jeff Tate, Chief Executive Officer, City of Onkaparinga concerning a Discussion Paper on the Checking of Engineering Calculations, dated 25 June 2008.

 

Documents Tabled.

 

   6.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. D. Lawson   to ask a question of the Minister 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.

The Hon. R. I. Lucas brought up the Report on the Operations of the Budget and Finance Committee of the Legislative Council, 2007-2008.

                 Ordered - That the Report be printed.  (Paper No. 198)

 

Budget and Finance
Committee -
Report, 2007-2008.

 

   8.

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

Statements on
Matters of Interest.


 

 

    9.

The Hon. R. I. Lucas, pursuant to notice, moved - That the Report on the Operations of the Budget and Finance Committee of the Legislative Council, 2007-2008, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 November 2008.

 

Budget and Finance
Committee -
Report, 2007-2008,
be noted -
Motion re.

 

 

  10.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Interim Report of the Select Committee on Families SA, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 November 2008.

 

Select Committee
on Families SA -
Interim Report,
be noted -
Motion re.

 

 

  11.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Consent to Medical Treatment and Palliative Care Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola the debate was adjourned until Wednesday, 26 November 2008.

 

Consent to Medical
Treatment and
Palliative Care
(Voluntary
Euthanasia)
Amendment Bill.

 

12.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  13.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council -

               I.      Notes the serious and continuing allegations about the District Council of the Copper Coast in relation to the fairness and transparency of the process for the sale of Council land in Owen Terrace, Wallaroo;

             II.      Further notes the limitations of the inquiry being conducted by the Office for State/Local Government Relations, in particular the fact that it is dependent on information provided by the District Council of the Copper Coast; and

            III.      Therefore refers the matter of the process used by the District Council of the Copper Coast in divesting itself of Council land in Owen Terrace, Wallaroo, to the Ombudsman, under section 14 of the Ombudsman’s Act, with particular reference to -

                        (a)    whether all parties expressing an interest in the purchase of Council land on Owen Terrace received equal and fair consideration;

                        (b)    whether information provided by the Council to account for its decisions was fair, accurate and consistent;

                        (c)    whether any Councillors that voted on decisions of Council related to this matter had an actual or potential conflict of interest and, if they had, whether this was declared;

                        (d)    whether the decision of the Council on the divestment of Council land complied with the Council’s stated specifications and objectives for the divestment of the land on Owen Terrace; and

                        (e)    any other matter about the administration of the District Council of the Copper Coast identified in this inquiry that, in the opinion of the Ombudsman, is important to bring to the attention of the Government and the Parliament.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 November 2008.

 

District Council of
the
Copper Coast -
Ombudsman to
Inquire into -
Motion re.

 

14.

At five minutes 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.

 

 

  15.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Children’s Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 November 2008.

 

Children’s
Protection
(Harbouring)
Amendment Bill.

 

  16.

The Hon. A. M. Bressington, pursuant to notice, moved -

               I.      That a Select Committee of the Legislative Council be appointed to enquire into and report upon the conduct of PIRSA in relation to issues that are affecting the livelihoods of those involved in the fishing industry and, in particular -

                        (a)       i.     the licence fee structure;

                                  ii.     cost recovery process; and

                                 iii.      access to right of appeal process;

                        (b)    The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 Pipi Quota for the lower lakes and Coorong cockle harvesters;

                        (c)    The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation; and

                        (d)    The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders.

             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 presented 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.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 November 2008.

 

PIRSA -
Appointment of a Select Committee
on -
Motion re.

 

  17.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Minutes of Evidence, documents and submissions presented to the Select Committee on the Atkinson/Ashbourne/Clarke Affair be tabled.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 November 2008.

 

Select Committee
on the Atkinson/
Ashbourne/Clarke
Affair -
Motion re.

 

18.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 6 be Orders of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  19.

Ordered - That Order of the Day (Private Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

20.

Ordered - That Orders of the Day (Private Business) No. 8 to No. 15 be Orders of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  21.

Ordered - That the adjourned debate on the Motion of the Hon. S. M. Kanck - That this Council -

               I.      Notes the continuing concern by many Wallaroo residents about the sale of Council-owned land to Leasecorp and the serious allegations raised both publicly and in confidence about the fairness of the process by which this sale was conducted;

             II.      Notes that the Minister for State/Local Government Relations is conducting an investigation into the District Council of the Copper Coast;

            III.      Calls on the Minister for State/Local Government Relations to ensure that her investigation of these complaints is wide-ranging and thorough and includes the collection of evidence from the various parties who have either publicly or privately made serious allegations about the conduct of Council; and

            IV.      Recognises that emphasis in the Ombudsman’s Act on complainants who are directly impacted by an administrative decision limits the ability of the Ombudsman to investigate, in the public interest, concerns about maladministration in local government.

        - be now resumed.

District Council of
the
Copper Coast -
Motion re.

 

 

 

                 Ordered - That the Order of the Day be discharged.

 

Business Discharged.

 

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Rann Government makes known to the Legislative Council -

               I.      The services provided and the expenditure thus far for those people who, as children, were abused while in the care of the State;

             II.      Exactly what recommendations made by The Hon. E. P. Mulligan, Q.C. is the Government going to implement;

            III.      Whether or not this Government will take on board the recommendations and requests of the members of the “consumer Reference Group” to meet the needs of those who have lived their lives with the trauma of being abused whilst in the care of the State; and

            IV.      What steps the Government has undertaken to give those victims of abuse justice, redress and closure.

                 Debate resumed.

                 Question put and passed.

 

Abuse of Children
in State Care -
Motion re.

 

23.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  24.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (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. 3 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 Mineral Resources Development, 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.

                 The Hon. D. W. Ridgway then moved that this Bill be now read a third time.

                 Question put.

Local Government
(Miscellaneous)
Amendment Bill.

 

 

             Council divided:

Ayes, 10

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. S. G. Wade

The Hon. D. W. Ridgway  (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. C. Zollo

The Hon. R. P. Wortley (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

25.

Ordered - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  26.

On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site be noted:

                 Debate resumed.

                 Question put and passed.

 

Select Committee
on Proposed Sale
and Redevelopment
of the Glenside
Hospital Site -
Interim Report
be noted -
Motion re.

 

 

  27.

On the Order of the Day being read for the adjourned debate on the question - That this Council notes the failure of the Government’s reorganisation of disability services and policy to improve services for South Australians with a disability:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 26 November 2008.

 

Reorganisation of
Disability Services -
Motion re.

 

  28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Development Committee on Deep Creek Revisited: A Search for Straight Answers, be noted:

                 To which the Hon. S. M. Kanck had moved to amend after the words “be noted” by inserting the words “and this Council condemns those officers of the Department of Water, Land and Biodiversity Conservation who either misled the Committee and therefore the Parliament, or who failed to provide requested information to the Committee”:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 26 November 2008.

 

Natural Resources
Committee -
Report on Deep
Creek Revisited:
A Search for Straight
Answers, be noted -
Motion re.

 

29.

Ordered - That Order of the Day (Private Business) No. 24 be an Order of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

30.

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

                 At twenty nine minutes past eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

  31.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Stormwater Harvesting) Amendment Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 13 NOVEMBER 2008

_____________________

 

Local Government
(Stormwater
Harvesting)
Amendment Bill.

 

 

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 26 November 2008.

 

 

 

  32.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Water Harvesting) Amendment 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 Wednesday, 26 November 2008.

 

Development
(Water Harvesting)
Amendment Bill.

 

  33.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Management (Water Harvesting) Amendment 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 Wednesday, 26 November 2008.

 

Natural Resources
Management
(Water Harvesting)
Amendment Bill.

 

34.

Ordered - That Orders of the Day (Private Business) No. 28 and No. 29 be Orders of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  35.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Palliative Use of Cannabis) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. A. M. Bressington having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Controlled
Substances
(Palliative Use of
Cannabis)
Amendment Bill.

 

36.

Ordered - That Order of the Day (Private Business) No. 31 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

37.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

38.

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

 

Postponement
of Business.

 

  39.

Ordered - That Orders of the Day (Private Business) No. 34 and No. 35 be Orders of the Day for Wednesday, 26 November 2008.

 

Postponement
of Business.

 

  40.

The Minister for Mineral Resources Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Development
(Planning and
Development
Review)
Amendment Bill.

 

41.

The Minister for Correctional Services, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959, the Rail Safety Act 2007 and the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Correctional Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Transport
Portfolio -
Alcohol and
Drugs) Bill.

 

42.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

43.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day of Sitting.

 

44.

Council adjourned at ten minutes past one o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

 

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

 

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo