SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  13  APRIL  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.

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

                                                                                                                                             Message No. 7

                 The Governor’s Deputy informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the present Session, viz.:

                 No. 4 of 2005 - An Act to amend the Criminal Law Consolidation Act 1935.

Government House, Adelaide.                                                 BRUNO KRUMINS, Governor’s Deputy.

13 April 2005.

 

Message from
Governor’s Deputy:
Assent to Bill.

 

   3.

The Hon. J. M. Gazzola brought up the Eighteenth Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Eighteenth Report,
2004-2005.

 

 

   4.

The Minister for Emergency Services (The Hon. C. Zollo) tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Obstetric and Gynaecological Services at the Gawler Health Service.

 

Ministerial
Statement Tabled.

 

   5.

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. N. Xenophon to complete his 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.

 

   6.

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

 

Statements on
Matters of Interest.

 

   7.

The Minister for Emergency Services, pursuant to notice, moved - That the Report of the Select Committee on the Status of Fathers in South Australia, be noted:

                 Debate ensued.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 4 May 2005.

 

Select Committee
on the Status of
Fathers in South
Australia -
Report to be noted -
Motion re.

 

  8.

The Hon. T. G. Cameron, pursuant to notice, moved - That the Constitution (Oath of Allegiance) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for Wednesday, 4 May 2005.

 

Constitution
(Oath of Allegiance)
Amendment Bill.

 

   9.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

10.

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

                  I.          recognises the extremely high standards of performance of the Adelaide Symphony Orchestra; and

                II.          expresses concern at the threat to that Orchestra’s long term financial viability and survival as a symphony orchestra.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday, 4 May 2005.

 

Adelaide Symphony
Orchestra -
Motion re.

 

11.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

12.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business
Discharged.

 

 

14.

The Hon. R. K. Sneath, according to order, moved - That the Report of the Natural Resources Committee on Eastern Mount Lofty Ranges Catchment Area, be noted:

                 On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday, 4 May 2005.

 

Natural Resources
Committee - Report
on Eastern Mount Lofty Ranges
Catchment Area
be noted -
Motion re.

 

  15.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 6 be Orders of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Legislative Review Committee on Suppression Orders be noted:

                 Debate resumed.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 4 May 2005.

 

Legislative Review
Committee - Report on Suppression Orders be noted - Motion re.

 

  17.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 10 be Orders of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

  18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That this Council -

              I.      Notes with sympathy the disastrous Eyre Peninsula bushfire of January 2005 that caused the deaths of nine people and a heavy loss of private and public property.

             II.      Requests that the Government of South Australia undertakes an independent Inquiry into the preparation for and operational response to those bushfires by South Australia’s emergency services in order to identify improvements that might enhance the capacity to respond effectively to large scale events of that kind that can be implemented prior to the next fire season.

(a)     That the terms of reference for the Inquiry be to examine and report on the adequacy of the response to the bushfires by the SA Department of Justice and its components (CFS, MFS, ESAU, SES, SAPOL) and other relevant agencies, including EnvironmentSA, with particular reference to -

   (i)      the preparation, planning and response to the bushfires and of strategies for the evaluation and management of bushfire threat and risk;

  (ii)      CFS’s management structure, command and control arrangements and public information strategy;

(iii) the coordination and cooperative arrangements with local government, other South Australian, interstate, Commonwealth and non-government agencies, including utility providers, for managing such emergencies; and

(iv)      the adequacy of CFS’s equipment, communication systems, training and resources.

(b)    In undertaking its work, the Inquiry team should consult closely with the Coroner conducting inquests into the deaths caused by the bushfires to avoid any interference with the process of inquiry being directed by him.

(c)     The Inquiry should report by 30 June 2005 in order that relevant recommendations resulting from the Inquiry may be fully implemented prior to the onset of the 2005-2006 bushfire season.

                 Debate resumed.

                 The Hon. C. V. Schaefer moved to amend the motion by leaving out paragraph II and inserting new paragraphs as follows:

           “II.      That a Select Committee be appointed to inquire into and report on the preparation for an operational response to the Eyre Peninsula bushfires by South Australia’s emergency services in order to identify improvements that might enhance the capacity to respond effectively, noting the need for implementation of such improvements prior to the next fire season.

                       In its inquiry, the Select Committee should consider -

(a)     The adequacy of the responses to the bushfire by the South Australian Department of Justice and its components (CFS, MFS, ESAW, SES, SAPOL) and other relevant agencies, including Environment SA, with particular reference to -

   (i)      the preparation, planning and responses to the bushfire and of strategies for the evaluation and management of bushfire threat risk;

  (ii)      CFS’s management structure, command and control arrangements and public information strategy;

(iii)      the coordination and cooperative arrangements with local government, other South Australian, interstate, Commonwealth and non-government agencies, utility providers and private operators for managing such emergencies; and

(iv)      the adequacy of CFS’s equipment, communication systems, training and resources;

(b)    The adequacy of communications with and between emergency services and other volunteers, such as farmers and volunteer aircraft;

(c)     The adequacy of warning systems to warn citizens of an approaching fire and possible improvements to those systems;

(d)    Why decisions were taken not to extinguish the fire on 10 January 2005 when it was possible to do so and whether the protocol for decisions in future such events be changed; and

(e)     Reporting by an appropriate date in order that relevant recommendations may be fully implemented prior to the onset of the 2005-2006 bushfire season.

            III.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            IV.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

             V.      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. G. E. Gago, the debate was adjourned until Wednesday, 4 May 2005.

 

Independent Inquiry
into Response by
Emergency Services
to Eyre Peninsula
Bushfires.

 

  19.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 15 be Orders of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

  20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on Waste Management, be noted:

                 Question put and passed.

 

Envionrment,
Resources and
Development
Committee -
Report on Waste
Management
be noted -
Motion  re.

 

 

  21.

Ordered - separately - That Orders of the Day (Private Business) No. 17 to No. 25 be Orders of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

22.

Ordered - That Order of the Day (Private Business) No. 26 be postponed and take into consideration on motion.

 

Postponement
of Business.

 

  23.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 32 be Orders of the Day for Wednesday, 4 May 2005.

 

Postponement
of Business.

 

24.

The Hon. J.M.A. Lensink, according to order, moved - That the Heritage (Beechwood Garden) Amendment Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 4 May 2005.

 

Heritage
(Beechwood Garden)
Amendment Bill.

 

 

  25.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

26.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Parliamentary Superannuation (Scheme for New Members) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 3 agreed to.

                                   Clause No. 4 read.

                          The Hon. R. I. Lucas moved on page 5, after line 5, to insert new subclause as follows:

“(6)     Section 5(1), definition of member—after "receipt of salary" insert:

                  but does not include a non-participating member”.

                          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.

 

Parliamentary
Superannuation
(Scheme for
New Members)
Amendment Bill.

 

  27.

At six minutes past 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.

 

28.

Ordered - That the adjourned debate on the question - That the Fisheries (Prohibition of Net Fishing in Gulf St. Vincent) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

Fisheries
(Prohibition of Net
Fishing in
Gulf St. Vincent)
Amendment Bill.

 

 

             Council divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

      So it passed in the negative.

 

 

Noes, 11

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. J. M. Gazzola (Teller)

 

 

 

  29.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8, No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

30.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Motor Vehicles (Licences and Learner’s Permits) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 17 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 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.

 

Motor Vehicles
(Licences and
Learner’s Permits)
Amendment Bill.

 

  31.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8, No. 10, No. 11 and No. 13 to No. 22 be postponed and taken into consideration after Order of the Day (Government Business) No. 23.

 

Postponement
of Business.

 

32.

The Minister for Industry and Trade, according to order, moved - That the ANZAC Day Commemoration 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 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.

 

ANZAC Day Commemoration Bill.

 

 

  33.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8, No. 10, No. 11 and No. 13 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

 

34.

On the Order of the Day being read for the adjourned debate on the question - That the Primary Produce (Food Safety Schemes) (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. 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 Minister for Emergency Services, 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.

 

Primary Produce
(Food Safety
Schemes)
(Miscellaneous)
Amendment Bill.

 

 

  35.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8, No. 10, No. 11, No. 13 to No. 18 and No. 20 to No. 22 be postponed and taken into consideration after Order of the Day (Government Business) No. 24.

 

Postponement
of Business.

 

36.

The Minister for Emergency Services, according to order, moved - That the Chiropractic and Osteopathy Practice Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 4 May 2005.

 

Chiropractic and
Osteopathy Practice
Bill.

 

  37.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

38.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

                          The Hon. N. Xenophon moved on page 42, lines 18 to 20, to leave out subclause (3) and insert new subclause as follows:

“(3)     In this section—

               person aggrieved includes—

(a)     a person whose interests are adversely affected by the decision or determination, failure or conduct or proposed conduct; and

(b)     a company or association (whether or not incorporated) that has an object or purpose that is affected by the decision or determination, failure or conduct or proposed conduct; and

(c)     a person prescribed by the Regulations as representing the interests of end-users of electricity.”.

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

                          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.

 

National Electricity
(South Australia)
(New Electricity
Law) Amendment Bill.

 

  39.

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

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

 

Suspension and
Resumption of
Sitting.

 

40.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Electricity (South Australia) (New Electricity Law) Amendment Bill.

 

In the Committee

 

                                   Clause No. 12 further considered.

                          The Hon. N. Xenophon moved on page 48, after line 3, to insert the following:

“(3)     The AER must, preserving confidentiality to the extent necessary, publish a description of the conduct complained of and the reasons for its decision on its website within 14 days of making the decision.”.

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

                          The Hon. N. Xenophon moved on page 49, lines 26 to 33, to leave out all words in these lines and insert the following:

“88—Rule must be consistent with national electricity market objective

           The AEMC may only make a Rule if it is consistent with the national electricity market objective.”.

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

                          The Hon. N. Xenophon moved on page 52, after line 16, to insert the following:

“(c)     the request appears to be for a Rule that is consistent with the national electricity market objective.”.

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

                          The Hon. N. Xenophon moved on page 52, after line 28, to insert the following:

“(c)     be published on the AEMC's website within 14 days of the making of the decision.”.

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

                          The Hon. N. Xenophon moved on page 53, after line 9, to insert the following:

“(ab)  an AEMC initiated Rule is an urgent Rule; or”.

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

                          The Hon. N. Xenophon moved on page 53, after line 35, to insert the following:

“(c)     publish its reasons on its website within 7 days of making the decision.”.

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

                          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.

 

National Electricity
(South Australia)
(New Electricity
Law) Amendment Bill.

 

  41.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

42.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Committees (Public Works) 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 next day of sitting.

 

Parliamentary
Committees
(Public Works)
Amendment Bill.

 

  43.

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

 

Postponement
of Business.

 

44.

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

 

Next Day
of Sitting.

 

45.

Council adjourned at eighteen minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

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. C. V. Schaefer

 

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo