SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  13  FEBRUARY  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.

Answer to Question on Notice No. 116, received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answers to
Question on Notice.

   3.

The Hon. J. M. Gazzola brought up the Twelfth Report, 2007-2008, of the Legislative Review Committee.

 

Legislative
Review
Committee -
Twelfth Report,
2007-2008.

 

   4.

The Minister for Police (The Hon. P. Holloway) made a Ministerial Statement concerning the Apology offered this Day in the Commonwealth Parliament to Indigenous Australians regarding the “Stolen Generation”.

                 The Hon. D. W. Ridgway, by leave, spoke in support of the Minister’s Statement.

 

Ministerial
Statement –
Stolen Generation.

   5.

The Minister for Emergency Services (The Hon. C. Zollo), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning School Closures.

 

Ministerial
Statement Tabled.

   6.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Water Security.

 

Ministerial
Statement Tabled.

   7.

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

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 27 February 2008.

 

Postponement
of Business.

   9.

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

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the impact of peak oil in South Australia with particular reference to -

(a)     The movement of people around the State, including -

       i.    the rising cost of petrol and increasing transport fuel poverty in the outer metropolitan area, the regions and remote communities;

      ii.    ways to encourage the use of more fuel efficient cars;

     iii.    alternative modes of transport;

    iv.    the need to increase public transport capacity; and

     v.    implications for urban planning;

(b)    Movement of freight;

(c)     Tourism;

(d)    Expansion of the mining industry;

(e)     Primary industries and resultant food affordability and availability;

(f)     South Australia’s fuel storage capability including -

       i.    susceptibility of fuel supply to disruption; and

      ii.    resilience of infrastructure and essential services under disruptive conditions;

(g)    Alternative fuels and fuel substitutes;

(h)    Optimum and sustainable levels of population under these constraints;

(i)      The need for public education, awareness and preparedness; and

(j)      Any other related matter.

          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, 27 February 2008.

 

Peak Oil -
Motion re.

10.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Family Relationships Act 1975, the Births, Deaths and Marriages Registration Act 1996 and the Reproductive Technology (Clinical Practices) Act 1988.

                Question put and passed.

                Bill introduced and read a first time.

                The Hon. J.S.L. Dawkins 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, 27 February 2008.

 

Statutes Amendment
(Surrogacy) Bill.

11.

The Hon. T. J. Stephens, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Adelaide Parklands Act 2005.

                Question put and passed.

                Bill introduced and read a first time.

                The Hon. T. J. Stephens 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, 27 February 2008.

 

Adelaide Park Lands
(Facilitation of
Development of
Victoria Park)
Amendment Bill.

12.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

13.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

14.

The Hon. A. M. Bressington, according to order and by leave, moved motion of which notice had been given, in an amended form, viz - That the Statutory Authorities Review Committee inquire into and report upon the Office of the Public Trustee, and in particular -

            I.   The management systems, processes, procedures and protocols in place to deal with allegations of misappropriation of funds and any other improper conduct at the Office of the Public Trustee (but excluding any matter which may currently be sub judice).

          II.   The management of client files and their funds, including the management systems, processes, procedures and protocols in place to ensure that clients’ files and funds are effectively and efficiently managed.

         III.   The management systems, processes, procedures and protocols in place to deal with allegations of inefficient or incompetent handling of client files.

         IV.   Allegations of workplace bullying and harassment in the Public Trustee’s office and the management systems, processes, procedures and protocols in place to deal effectively and efficiently with such allegations.

          V.   Whether clients and/or potential clients of the Public Trustee are appropriately advised as to likely consequences and costs of engaging the services of the Public Trustee, particularly in relation to the drawing of wills and the management of estates.

         VI.   Any other matters relevant to the operation of the Office of the Public Trustee or the legislation under which it operates.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 7 September 2008.

 

Statutory Authorities
Review Committee  -
Inquiry into the
Office of the Public
Trustee:
Motion re.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell 

            I.   That this Council notes -

(a)     The release this week of the final part of the Fourth Assessment Report of the International Panel on Climate Change; and

(b)    That a two degrees Celsius (median value) increase in global average surface temperatures above pre-industrial levels is accepted by the European Union as the limit beyond which there will be sufficient adverse impacts on the Earth’s biogeophysical systems, animals and plants to constitute “dangerous” climate change;

          II.   And agrees that the imperative of constraining global temperature increase to no more than two degrees above pre-industrial levels should underpin government policy responses to global warming.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 27 February 2008.

 

Climate Change -
Motion re.

16.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

17.

The Hon. R. D. Lawson, according to order, moved - That the Regulations under the Fair Work Act 1994, concerning Clothing Outworkers, made on 18 October 2007 and laid on the Table of this Council on 23 October 2007, be disallowed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 27 September 2008.

 

Fair Work Act –
Regulations –
Clothing
Outworkers –
Motion for
disallowance of.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 13 be Orders of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Summary Offences (Drug Paraphernalia) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 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.

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.

20.

At 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.

 

21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Summary Offences (Drug Paraphernalia) Amendment Bill.

 

In the Committee

 

                 Clause No. 1 further considered and agreed to.

                 Clauses No. 2 to No. 4 agreed to.

                 Schedule 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 Police, 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.

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.

22.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

23.

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

Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 27 September 2008.

 

Waterworks
(Making of
Restrictions)
Amendment Bill

24.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 19 be Orders of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia be noted:

                 Debate resumed.

                 And the Hon. S. M. Kanck, having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 27 September 2008.

 

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Medical
Board of
South Australia
be noted -
Motion re.

 

26.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 44 be Orders of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Security and Investigation Agents (Crowd Controller Licence Suspension) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 27 September 2008.

 

Security and
Investigation Agents
(Crowd Controller
Licence Suspension)
Amendment Bill.

28.

Ordered - That Orders of the Day (Private Business) No. 46 to No. 53 be Orders of the Day for Wednesday, 27 September 2008.

 

Postponement
of Business.

29.

The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                Question put and passed.

                Bill introduced and read a first time.

                The Minister for Environment and Conservation then moved - That this Bill be now read a second time.

                On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Environment
Protection
(Board of Authority)
Amendment Bill.

30.

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.

31.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Legal Profession
Bill.

32.

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

                 Debate resumed.

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

 

Health Care Bill.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

34.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1, 3 and 5 to 15 made by the Legislative Council in the Electricity (Feed-In Scheme - Residential Solar Systems) Amendment Bill, without any amendment; has agreed to Amendment No. 2 with an amendment and a consequential amendment as indicated in the annexed Schedule; and insists on its disagreement to Amendments Nos. 4 and 16 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 13 February 2008.                                                              J.J. SNELLING, Speaker.

 

Message from the
House of Assembly:
Electricity (Feed-In -
Residential Solar
Systems)
Amendment Bill.

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has further insisted on disagreement

Amendment No. 4–

Clause 4, page 3, after line 9—

Insert:

small business customer means a customer who acquires electricity primarily for the purposes of—

      (a)       a business—

       (i)       where not more than 20 persons are employed (and, for the purposes of this paragraph, the relevant number of persons will be determined by counting people who work full-time in the business, or full-time equivalents); and

      (ii)       where the business does not form part of a larger business; or

      (b)      a business that satisfies other criteria (if any) prescribed by the regulations for the purposes of this definition;

Amendment No. 16–

Clause 4, page 4, line 18—

Delete “2013” and substitute:

2028

 

Schedule of the amendment and consequential amendment made by the House of Assembly

to Amendment No. 2 of the Legislative Council

Amendment No. 2–

Clause 4, page 3, before line 1—

Insert:

qualifying customer means—

      (a)       a domestic customer; or

      (b)      a small business customer;

House of Assembly’s amendment thereto–

Clause 4, page 3, before line 1—

Definition of qualifying customer - Substitute:

qualifying customer - a small customer is a qualifying customer for the purposes of this Division;

and makes the following necessary consequential amendment:

Clause 4, page 2, lines 16 to 19—

Clause 4, inserted section 36AC - delete the definition of domestic customer:

M. LEHMAN, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

35.

Council adjourned at twenty minutes to ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J. A. Darley

The Hon. A. L. Evans

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