SOUTH AUSTRALIA]

No. 68

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  13  SEPTEMBER 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 having been announced by Black Rod, the following Message was received and read:

Message No. 13.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts were assented to during the present Session, viz.:

                 No. 29 of 2005 - An Act to amend The Flinders University of South Australia Act 1966; the University of Adelaide Act 1971; and the University of South Australia Act 1990.

                 No. 30 of 2005 - An Act to protect the health and safety of the public by providing for the registration of chiropractors, osteopaths, chiropractic students and osteopathy students; to regulate the provision of chiropractic and osteopathy for the purpose of maintaining high standards of competence and conduct by those who provide it; to repeal the Chiropractors Act 1991; and for other purposes.

                 No. 31 of 2005 - An Act to amend the Criminal Law (Sentencing) Act 1988 and the Criminal Law Consolidation Act 1935.

                 No. 32 of 2005 - An Act to amend the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001.

                 No. 33 of 2005 - An Act to amend the Ambulance Services Act 1992.

                 No. 34 of 2005 - An Act to amend the Education Act 1972.

                 No. 35 of 2005 - An Act to amend the City of Adelaide Act 1998; the Local Government Act 1999 and the Local Government (Elections) Act 1999.

                 No. 36 of 2005 - An Act to amend the Trustee Companies Act 1988.

                 No. 37 of 2005 - An Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2006; and for other purposes.

                 No. 38 of 2005 - An Act to amend the Heritage Act 1993.

                 No. 39 of 2005 - An Act to amend the Heritage Act 1993 and to make related amendments to the Development Act 1993, the History Trust of South Australia Act 1981 and the Valuation of Land Act 1971.

                 No. 40 of 2005 - An Act to establish the South Australian Fire and Emergency Services Commission; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; to make related amendments to other Acts; to repeal the Country Fires Act 1989, the South Australian Metropolitan Fire Service Act 1936 and the State Emergency Service Act 1987; and for other purposes.

                 No. 41 of 2005 - An Act to amend the Occupational Health, Safety and Welfare Act 1986 and to make related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

                 No. 42 of 2005 - An Act to provide for the South Australian Citrus Industry Development Board and for the administration by the Board of a fund for citrus industry purposes; to repeal the Citrus Industry Act 1991; and for other purposes.

                 No. 43 of 2005 - An Act to amend the Parliamentary Superannuation Act 1974 and to make related amendments to the Parliamentary Remuneration Act 1990.

Government House, Adelaide.                                          MARJORIE JACKSON-NELSON, Governor.

13 September 2005.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Minister for Industry and Trade (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
(Aggravated
Offences) Bill.

 

   4.

The Minister for Industry and Trade, by leave, moved - That the Legislative Council expresses its deep regret at the death of Dame Nancy Buttfield, former Senator of the Australian Parliament, and places on record its appreciation of her distinguished public service and that, as a mark of respect to her memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. S. M. Kanck, the Hon. C. Zollo, the Hon. J.M.A. Lensink, the Hon. A. L. Evans and the Hon. C. V. Schaefer:

                 Motion carried in silence, Members standing in their places.

 

Death of
Dame Nancy
Buttfield.

 

   5.

At six minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At thirteen minutes past three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

    6.

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

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

                 Regulations under the following Acts -

                          Electricity Act 1996 - Certificates of Compliance.

                          Gas Act 1997 - General Gas Fitting Work.

                          Harbors and Navigation Act 1993 - Caulerpa Taxifolia.

                          Parliamentary Superannuation Act 1974 - Revocation.

                          Passenger Transport Act 1994 - Taxi Fares.

                          Police Act 1998 - Ranks.

                          Public Corporations Act 1993 - South Australian Health Commission.

                          Public Sector Management Act 1995 - Exemptions.

                          Road Traffic Act 1961 -

                                   Mass and Loading Requirements.

                                   Modification of Motor Vehicles.

                                   Oversize Vehicle Exemption.

                                   Rear Marking Plates.

                                   Testing of Photographic Detection Devices.

                                   Traffic Speed Analysers.

                          Subordinate Legislation Act 1978 - Expiry of Subordinate Legislation.

                          Superannuation Act 1988 - State Transport Authority Employees.

                          Taxation Administration Act 1996 - Permitted Disclosure.

                 Rules of Court -

                          District Court - District Court Act 1991 - Address for Service.

                                   Supreme Court - Supreme Court Act 1935 - Legal Costs.

Papers.

 

 

                 Dangerous Area Declarations, 1 October 2004 to 31 December 2004, Section 83B of the Summary Offences Act 1953.

                 Dangerous Area Declarations, 1 January 2005 to 31 March 2005, Section 83B of the Summary Offences Act 1953.

                 Road Block Establishment Authorisations, 1 October 2004 to 31 December 2004, Section 74B of the Summary Offences Act 1953.

                 Road Block Establishment Authorisations, 1 January 2005 to 31 March 2005, Section 74B of the Summary Offences Act 1953.

                 Return of Authorisations issued to Enter Premises, 1 July 2004 to 30 June 2005, under Section 83C(1) of the Summary Offences Act 1953.

                 Return of Authorisations issued to Enter Premises, 1 July 2004 to 30 June 2005, under Section 83C(3) of the Summary Offences Act 1953.

        By the Minister for Urban Planning and Development (The Hon. P. Holloway) -

                 Reports -

                          Alexandrina Council - Development Plan - Strathalbyn Township Local Heritage - Plan Amendment Report.

                          Application to Construct an Activity Hall at Trinity Gardens Primary School - Section 49(15)(a) of the Development Act 1993.

                          City of Whyalla - Development Plan - Whitehead Street, Whyalla - Plan Amendment Report.

                          Light Regional Council - Industry (Gawler Belt) Zone - Land Division - Plan Amendment Report.

                          Proposed Redevelopment of Willunga Primary School - Section 49(15)(a) of the Development Act 1993.

                          Wakefield Regional Council - Primary Industry Zone - Plan Amendment Report.

                 Adelaide Cemeteries Authority Charter.

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

                 South Australian Soil Conservation Council - Report, 2003-2004.

                 Regulations under the following Acts -

                          Aboriginal Lands Trust Act 1966 - Controlled Substances on Yalata Reserve.

                          Adoption Act 1988 - Criteria.

                          Environment Protection Act 1993 - Exemptions.

                          Liquor Licensing Act 1997 -

                                   Long Term Dry Areas -

                                             Coober Pedy.

                                             Mount Gambier.

                                             Onkaparinga.

                                   Short Term Dry Areas -

                                             Port Augusta.

                          Natural Resources Management Act 2004 -

                                   Eastern Mount Lofty Ranges Surface Water.

                                   Eastern Mount Lofty Ranges Wells.

                          Rates and Land Tax Remission Act 1986 - Criteria for Remission Entitlements.

                          Recreational Services (Limitation of Liability) Act 2002 - Registration of Code.

                          Shop Trading Hours Act 1977 - Expiry.

                          South Australian Housing Trust Act 1995 - Disclosure of Interest.

                          Valuation of Land Act 1971 - Valuations.

                          Workers Rehabilitation and Compensation Act 1986 - Agencies and Instrumentalities.

                 Rules under Acts -

                          Fair Work Act 1994 - Industrial Proceedings.

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

                 Reports, 2003-2004 -

                          Children, Youth and Women’s Health Service Incorporated.

                          Modbury Hospital.

                          Noarlunga Health Services.

                          Noarlunga Health Services Financial and Business Statements.

                          North Western Adelaide Health Service.

                          Southern Adelaide Health Service.

                 Reports, 2004 -

                          Julia Farr Services.

                          South Australian Council on Reproductive Technology.

 

 

 

                 Regulations under the following Acts -

                          Fisheries Act 1982 -

                                   Charter Boat Fishery.

                                   Commercial Netting Closures.

                                   Management Committees.

                          Food Act 2001 - Food Standards Code.

                          Forestry Act 1950 - Recreational Access.

                          Medical Practitioners Act 1983 - Registration Fees.

                          Primary Produce (Food Safety Schemes) Act 2004 - Dairy Industry.

                          Reproductive Technology (Clinical Practices) Act 1988 - Review Panel.

                          Technical and Further Education Act 1975 - College Councils.

                 Rules under Acts -

                          Local Government Act 1999 - Local Government Superannuation Board - Non-commutable Allocated Pension.

                 Corporation By-laws - Port Augusta -

                          No. 1 - Permits and Penalties.

                          No. 3 - Local Government Land.

                          No. 4 - Roads.

                          No. 5 - Dogs.

                          No. 6 - Waste Management.

                          No. 7 - Australian Arid Lands Botanic Garden.

                          No. 8 - Cats.

                 District Council By-laws - Wattle Range -

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Roads.

                          No. 4 - Local Government Land.

                          No. 5 - Dogs.

                          No. 6 - Nuisances caused by Building Sites.

 

 

 

   7.

The President having noticed an inappropriate display of signage on the clothing worn by the Hon. K. J. Reynolds, the Member was ordered to remove the offending apparel.

 

President’s Ruling -
Member’s Dress
Code.

 

   8.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Marine Protected Areas.

 

Environment,
Resources and
Development
Committee -
Report on Marine
Protected Areas.

 

 

   9.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Ombudsman’s Dismissal of Allegations of Political Manipulation of Surgical Waiting Lists at the Royal Adelaide Hospital.

 

Ministerial
Statement Tabled.

 

10.

The Minister for Emergency Services tabled a copy of a Ministerial Statement made by the Minister for Consumer Affairs (The Hon. K. J. Maywald, M.P.) concerning Blue Sky Developments (SA) Pty. Ltd., together with the Report of an Investigation into the Handling by the Office of Consumer and Business Affairs of Complaints concerning Blue Sky Development by W. Ackland, Auxiliary Magistrate.

 

Ministerial
Statement and
Document Tabled.

 

11.

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 Counter Terrorism Measures.

 

Ministerial
Statement Tabled.

 

12.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Broken Hill
Proprietary
Company’s Steel
Works Indenture
(Environmental
Authorisation)
Amendment  Bill.

 

13.

On the Order of the Day being read for  the adjourned debate on the question - That the Statutes Amendment (Intervention Programs and Sentencing Procedures) 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.

 

Statues Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

14.

On the Order of the Day being read for the consideration in Committee of the Development (Sustainable Development) Amendment Bill:

                 The Minister for Industry and Trade, pursuant to contingent notice, moved - That it be an instruction to the Committee of the whole Council on the Bill that it have power to divide the Bill into two Bills, one Bill to be referred to as the Development (Sustainable Development) (No. 1) Amendment Bill and comprising Clauses No. 1 to No. 3 and Nos. 11, 14, 34 and 35, 48, 56 and 57, 59, 61, 64, 68, 71 and 72 and Schedule 1, Parts 1, 4 and 7, and the second Bill to be referred to as the Development (Sustainable Development) (No. 2) Amendment Bill and comprising Clauses No. 4 to 10, 12 and 13, 15 to 33, 36 to 47, 49 to 55, 58, 60, 62 and 63, 65 to 67, 69 and 70, 73 to 75 and Schedule 1, Parts 2 and 3, 5 and 6 and Parts 8 and 9, and that it be an Instruction to the Committee of the Whole Council on the Development (Sustainable Development) (No. 2) Amendment Bill that it have power to insert the Words of Enactment.

                 Debate ensued.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

       

Development
(Sustainable
Development)
Amendment Bill.

 

15.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Keeping Them Safe) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

 

17.

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

Message No. 103

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed the Hon. D. Kotz to the Occupational Safety, Rehabilitation and Compensation Committee in place of Mrs. I. Redmond, resigned.

House of Assembly, 12 September 2005.                                                                  R. B. SUCH, Speaker.

 

Message from
House of Assembly:

 

18.

Council adjourned at fourteen minutes to five o’clock until tomorrow 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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo