SOUTH AUSTRALIA]

No. 37

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  13  MAY  2009

 

 

 

 

   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 Nineteenth Report, 2008-2009, of the Legislative Review Committee.

 

Legislative Review
Committee -
Nineteenth Report,
2008-2009.

 

    3.

The Hon. J. M. Gazzola brought up the Twentieth Report, 2008-2009, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter 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, the Committee may decide to take no further action.

                 Regulations referred to -

Development Act 1993 - Bushfire Protection.

 

Legislative Review
Committee -
Twentieth Report,
2008-2009.

 

    4.

The Hon. J. M. Gazzola brought up the Twenty-First Report, 2008-2009, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Legislative Review Committee has considered By-law No. 8 of the City of Mitcham concerning Vehicles made under the Local Government Act 1999 and recommends that this
By-law be disallowed on the grounds that it unduly trespasses on rights previously established by law as it is inconsistent with Road Traffic legislation.

 

Legislative Review
Committee -
Twenty-First Report,
2008-2009.

 

   5.

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. J.S.L. Dawkins 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.

 

   6.

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

 

Statements on
Matters of Interest.

   7.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on a Review of the Department of Health Report into Hypnosis, be noted.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 3 June 2009.

 

Social Development
Committee - Report
on Review of the
Department of
Health Report into
Hypnosis be noted -
Motion re.

   8.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Regulations under the Development Act 1993 concerning Aquaculture, made on 23 April 2009 and laid on the Table of this Council on 28 April 2009, be disallowed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 3 June 2009.

 

Development Act -
Regulations -
Aquaculture -
Motion for
Disallowance of.

    9.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Water Resource Management in the Murray Darling Basin, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 3 June 2009.

 

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin be noted -
Motion re.

 

  10.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 3 June 2009.

 

Local Government
(Waste Collection)
Amendment Bill.

 

  11.

The Minister for Mineral Resources Development (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning Attacks on Public Servants.

 

Ministerial
Statement Tabled.

  12.

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 Committee on Water Resource Management in the Murray Darling Basin Volume 1, The Fellowship of the River, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin, Volume 1
be noted -
Motion re.

 

  13.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Independent Gambling Authority, be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory Authorities
Review Committee -
Report on Inquiry
into Independent
Gambling Authority
be noted -
Motion re.

 

  15.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Freedom of Information Act 1991.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 3 June 2009.

 

Freedom of
Information
(Victimisation and
Interference)
Amendment Bill.

  16.

Ordered - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That the Regulations under the Development Act 1993 concerning Commonwealth Nation Building Program, made on 26 February 2009 and laid on the Table of this Council on 3 March 2009, be disallowed:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 3 June 2009.

 

Development Act -
Regulations -
Commonwealth
Nation Building
Program -
Motion for
Disallowance of.

  18.

Ordered - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. A. Darley - That the Legislative Review Committee inquire into and report on -

    I.      The effects on the court system and its participants of extending the right for victims to deliver a victim impact statement in any court to cases where the defendant has been convicted of a summary offence that has caused serious harm, that being harm that endangers, or is likely to endanger, a person’s life, or harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function, or harm that consist or, or is likely to result in, serious disfigurement.

   II.      The current effects and consequences for the court system and its participants of allowing a victim to submit a victim impact statement in the court for an indictable offence.

III.      The types of systems, facilities and services that should be in place to aid and assist victims involved in the criminal justice system.

IV.      Any other relevant matters:

                 Debate resumed.

                 Question put and passed.

 

Court System -
Legislative Review
Committee to
inquire into -
Motion re.

  20.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 16 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. N. Winderlich - That this Council -

    I.      Notes the remarks made under Parliamentary Privilege on Thursday, 19 February 2009, by The Hon. Michael Atkinson, concerning a former Member of this Council;

   II.      Affirms the important role of Parliamentary Privilege as a means of enabling Members to bring important truths to light and to speak out on behalf of ordinary people against powerful vested interests and urges all Members to use this Privilege judiciously and for the greater good rather than to pursue personal agendas and vendettas; and

III.Conveys this Resolution to the House of Assembly:

                 Debate resumed.

                 On motion of the Hon. D.G.E. Hood, the debate was adjourned and ordered to be resumed on motion.

 

Remarks made
by the
Attorney-General
concerning a
Former Member
of the
Legislative Council.

 

  22.

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.

 

  23.

Ordered - That the adjourned debate on the motion of the Hon. D. N. Winderlich - That this Council -

    I.      Notes the remarks made under Parliamentary Privilege on Thursday, 19 February 2009, by The Hon. Michael Atkinson, concerning a former Member of this Council;

   II.      Affirms the important role of Parliamentary Privilege as a means of enabling Members to bring important truths to light and to speak out on behalf of ordinary people against powerful vested interests and urges all Members to use this Privilege judiciously and for the greater good rather than to pursue personal agendas and vendettas; and

III.Conveys this Resolution to the House of Assembly - be now resumed.

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

 

Remarks made
by the
Attorney-General
concerning a
Former Member
of the
Legislative Council.

 

24.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 20 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the General Regulations under the Passenger Transport Act 1994, made on 22 January 2009 and laid on the Table of this Council on 3 February 2009, be disallowed:

                 Debate resumed.

Passenger Transport Act - Regulations -
General - Motion
for Disallowance of.

 

                 Ordered - That the Order of the Day be discharged.

 

Business
Discharged.

 

  26.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  27.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity (Compensation for Blackouts) 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, 3 June 2009.

 

Electricity
(Compensation
for Blackouts)
Amendment Bill.

  28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. N. Winderlich - That this Council -

    I.      Notes that economists and environmentalists are claiming that flaws in the Rudd Government Carbon Pollution Reduction Scheme will mean that initiatives by State and Local Government, and the installation of solar panels by households, will not reduce greenhouse emissions; and

   II.      Calls on the Premier, Mike Rann, to seek an assurance from the Prime Minister, Kevin Rudd, that his Carbon Pollution Reduction Scheme will not undermine the efforts of the South Australian Government, South Australian Councils and South Australian households to cut greenhouse pollution:

                 Debate resumed.

                 The Hon. I. K. Hunter moved to amend the motion by leaving out paragraphs I and II after “That this Council” and inserting new paragraphs as follow:

  “I.      Notes that the Federal Government’s Carbon Pollution Reduction
Scheme Exposure Draft Bill, as released on 10 March 2009, does not fully account for the contributions from initiatives by State and Local Governments and the installation of solar panels by households, in the reduction of greenhouse emissions.

   II.      Notes that the Premier, The Hon. Mike Rann, wrote to the Prime Minister, The Hon. Kevin Rudd, in April 2009 proposing that voluntary action by individuals and households be recognised under the CPRS and advised the Parliament of this on 28 April 2009.  In addition, the State Government submission to the Senate Select Committee on Climate Policy recommends that voluntary action be factored into setting the national emissions cap and trajectory.

III.      Notes that on 4 May 2009, the Prime Minister, The Hon. Kevin Rudd, announced a number of changes to the CPRS, including mechanisms for recognition of voluntary action.”.

                 Question - That the paragraphs proposed to be left out by the Hon. I. K. Hunter stand part of the motion - put.

Carbon Pollution
Reduction Scheme -
Motion re.

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. I. K. Hunter (Teller)

 

 

 

                 Question - That the Motion be agreed to - put and passed.

 

 

  29.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  30.

Ordered - That Order of the Day (Private Business) No. 26 be discharged.

 

Business
Discharged.

 

  31.

Ordered - That Order of the Day (Private Business) No. 27 be discharged.

 

Business
Discharged.

 

  32.

Ordered - That Order of the Day (Private Business) No. 28 be an Order of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  33.

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, 2007-2008, be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory
Authorities Review
Committee -
Report, 2007-2008
be noted -
Motion re.

  34.

Ordered - That Orders of the Day (Private Business) No. 30 to No. 35 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  35.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 3 June 2009.

 

Willunga Basin
Protection Bill.

  36.

Ordered - That Orders of the Day (Private Business) No. 37 and No. 38 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  37.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 3 June 2009.

 

Valuation of Land
(Miscellaneous)
Amendment Bill.

  38.

Ordered - That Orders of the Day (Private Business) No. 40 to No. 44 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  39.

Ordered - That Order of the Day (Private Business) No. 45 be postponed and taken into consideration on motion.

 

Postponement
of Business.

40.

Ordered - That Orders of the Day (Private Business) No. 46 to No. 66 be Orders of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

  41.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Control of External Painting) 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, 3 June 2009.

 

Development
(Control of
External Painting)
Amendment Bill.

42.

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

 

Postponement
of Business.

  43.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

44.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  45.

On the Order of the Day being read for the adjourned debate on the question - That the Cross-border Justice 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.

 

Cross-border
Justice Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 147 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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

  46.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  47.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

  48.

On the Order of the Day being read for the adjourned debate on the question - That the Payroll Tax 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. 101 agreed to.

                          Schedules 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Payroll Tax Bill.

  49.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (Tax Reform) 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. 18 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Stamp Duties
(Tax Reform)
Amendment Bill.

 

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

  50.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

  51.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  52.

On the Order of the Day being read for the adjourned debate on the question - That the Maritime Services (Access) (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. 13 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Maritime Services
(Access)
(Miscellaneous)
Amendment Bill.

53.

Ordered - That Order of the Day (Private Business) No. 45 be an Order of the Day for Wednesday, 3 June 2009.

 

Postponement
of Business.

54.

The Council, according to order, resolved itself into a Committee of the Whole for consideration of the Public Sector 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 next day of sitting.

 

Public Sector Bill.

55.

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

 

Postponement
of Business.

56.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has agreed to the alternative amendments made by the Legislative Council in the Statutes Amendment (Energy Efficiency Shortfalls) Bill, without amendment.

House of Assembly, 13 May 2009.                                                                       J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Statutes Amendment
(Energy Efficiency
Shortfalls) Bill.

57.

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

 

Next Day of Sitting.

58.

Council adjourned at sixteen minutes past ten o’clock until tomorrow 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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo