SOUTH AUSTRALIA]

No. 48

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  14  MARCH  2007

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) 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. 8.

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

                 No. 3 of 2007 - An Act to amend the Natural Resources Management Act 2004.

                 No. 4 of 2007 - An Act to provide for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; to repeal the Fisheries Act 1982 and the Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987; to make related amendment to other Acts; and for other purposes.

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

14 March 2007.

 

Message from
Governor:
Assent to Bills.

   3.

Answer to Question on Notice No. 527 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

 

   4.

The Hon. J. M. Gazzola brought up the Twentieth Report, 2006-2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Twentieth Report,
2006-2007.

 

    5.

The following Paper was laid upon the Table, viz.:

        By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Controlled Substances Advisory Council - Report, 2005-2006.

 

Paper.

   6.

The Hon. R. P. Wortley, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council on this day.

                 Question put and passed.

 

Natural Resources
Committee -
Leave for
Members to sit
during sitting
of the Council.

 

   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.

The Hon. R. P. Wortley, pursuant to notice, moved - That this Council acknowledges 2007 as the “Year of the Surf Lifesaver” and further, commends the thousands of volunteer surf lifesavers Australia-wide who have patrolled our beaches over the last 100 years for their invaluable voluntary contribution to the safety of our community.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 28 March 2007.

 

Volunteer Surf
Lifesavers -
Motion re.

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Residential Tenancies Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon 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, 28 March 2007.

 

Residential
Tenancies
(Application of
Section 65)
Amendment Bill.

10.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

11.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to prohibit the establishment of certain nuclear facilities in South Australia; to make a related amendment to the Radiation Protection and Control Act 1982; to repeal the Nuclear Waste Storage Facility (Prohibition) Act 2000; and for other purposes.

                 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. I. K. Hunter, the debate was adjourned until Wednesday, 28 March 2007.

 

Nuclear Facility
(Prohibition) Bill.

12.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council calls on the Minister for Environment and Conservation to commission an independent investigation into the conduct of RSPCA (SA) in handling complaints and investigating alleged cruelty to animals at Ludvigsen Family Farms Pty. Ltd. piggeries in the Mid-North of South Australia, and provide a report back to the Council as a matter of urgency.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 March 2007.

 

Investigation into
Conduct of RSPCA
(SA) in Handling
Certain Matters -
Motion re.

13.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. G. Hood 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, 28 March 2007.

 

Criminal Law
(Sentencing)
(Drug Offences)
Amendment Bill.

14.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the random drug testing of Members of Parliament.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood 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, 28 March 2007.

 

Members of
Parliament
(Random Drug
Testing) Bill.

15.

The Minister for Environment and Conservation, by leave, tabled a copy a Ministerial Statement made by the Minister for Water Security (The Hon. K. A. Maywald, M.P.) concerning Watering Times Under Level 3 Restrictions.

 

Ministerial
Statement Tabled.

16.

At three 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.

 

17.

The Hon. D. G. E. Hood, pursuant to notice, moved - That this Council calls on the Premier of South Australia to -

            I.      Obtain independent legal advice on Petitions of Mercy made to the Governor; and

          II.      Release such advice publicly.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 28 March 2007.

 

Petitions of Mercy
Made to the
Governor -
Motion re.

18.

The Hon. A. L. Evans, pursuant to notice, moved - That he 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. L. Evans 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, 28 March 2007.

 

Children’s
Protection
(Investigations)
Amendment Bill.

19.

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 Aboriginal Lands Parliamentary Standing Committee, 2005-2006, be noted:

                 Debate resumed.

                 Question put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report, 2005-2006,
be noted -
Motion re.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington -

        I.   That a Select Committee be established into Families SA and any predecessor entity to examine -

(a)     The policies and procedures of Families SA in dealing with children, and in particular:

    i.      where reports of suspected substance abuse by the parents or carers of children have been made;

   ii.      where reports of suspected substance abuse of a child by the parents or carers of children have been made;

  iii.      where reports of suspected abuse and neglect of children have been made;

  iv.      the circumstances in which children are removed from the parents or carers of children and the criteria, assessment and follow-up of the persons designated to subsequently care for those children at risk (and the priority with which the natural parent, grandparents or other family members are considered as the primary carers of choice for those children);

   v.      the medical and psychological evaluations undertaken of the parents or carers of children where allegations of abuse or neglect have been made, including appropriate assessment of the levels of addiction that may exist and the support provided by the Department to rehabilitate and reunite the family;

  vi.      the models, methods and processes used to preserve the family unit prior to removal of children;

vii.      the procedures used by the Department to prove allegations made against parents or carers through psychological evaluation of parties concerned and other investigative processes;

viii.      the frequency of implementation, monitoring and evaluation of Family Preservation Plans, the effectiveness of such plans and the means and timeframe of implementation; and

   ix.      the obligation of the Department and any of its predecessors to abide by orders of the Court for ongoing assessment and supervised visitation and reunification.

(b)    The compliance of individual staff with the practices, policies and procedures of Families SA and any predecessor entity.

(c)     The involvement and/or interventions of Families SA as a part to any Family or Youth Court matters.

(d)    The substance, content and spirit of submissions made by Families SA and any predecessor entity to any authority, court or tribunal in relation to its duty of care.

(e)     The level of influence of the Department on independent professional assessors.

(f)     The obligations and duty of care of the Department in making decisions affecting the welfare of children and, in particular, to provide evidence (and the standard of that evidence) to any entity, including any court.

Families SA -
Establishment of
Select Committee
on -
Motion re.

 

       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:

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion in Paragraph I, after subparagraph (f), by inserting new subparagraph (g) as follows:

                          “(g)  Any other related matter.”.

                 And by deleting paragraph III and inserting new paragraph as follows:

                          “III.   In making the said inquiries, publication of any evidence taken by, or any documents presented to the Committee, including the tabling of such evidence and documents in the Council, shall be prohibited unless specifically authorised by the Council.”.

                 And by deleting paragraph IV.

                 The Hon. A. L. Evans moved to amend the motion by leaving out paragraph II and inserting new paragraph II as follows:

                          “II.    That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote as well as a casting vote.”.

                 The Hon. I. K. Hunter moved to amend the motion in Paragraph I, after the words “predecessor entity”, by inserting “in existence since proclamation of the Children’s Protection Act 1993”.

                 And in paragraph I(a), after subparagraph ix, by inserting new subparagraph as follows:

                          “x.     will allow evidence of a retrospective breach in policy to be presented in camera and not on record.”.

                 And in paragraph I(b), after the words “The compliance of”, deleting “individual”.

                 And after paragraph I, by inserting new paragraph as follows:

                          “IB.   However individual matters relating to alleged perpetrators of child sex abuse subject to a current or past investigation by the Children in State Care Inquiry, or are presently under review by SAPOL, or are before the criminal courts, are not to be considered by the Select Committee.”.

                 And by leaving out paragraph III and inserting new paragraph as follows:

                          “III.   In making the said inquiries, publication of any evidence taken by, or any documents presented to the Committee, including the tabling of such evidence and documents in the Council, shall be prohibited unless specifically authorised by the Council.”.

                 And by leaving out paragraph IV.

                 Question - That the amendment to paragraph I, moved by the Hon. I. K. Hunter, be agreed to - put and passed.

                 Question - That new subparagraph x, as proposed to be inserted by the Hon. I. K. Hunter in paragraph I(a), be so inserted - put and passed.

                 Question - That the amendment, moved by the Hon. I. K. Hunter, to Paragraph I(b), be agreed to - put and passed.

                 Question - That the amendment, moved by the Hon. S. M. Kanck, to insert subparagraph (g), be agreed to - put and passed.

                 Question - That new paragraph IB, as proposed to be inserted by the Hon. I. K. Hunter, be so inserted - put and passed.

                 Question - That paragraph II be deleted and that new paragraph II, as proposed to be inserted by the Hon. A. L. Evans, be so inserted - put and passed.

                 Question - The paragraph III be deleted and that new paragraph III, as proposed to be inserted by the Hon. I. K. Hunter, be so inserted - put.

 

 

             Council divided:

Ayes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. I. K. Hunter (Teller)

 

 

 

So it passed in the negative.

 

Noes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. M. Bressington (Teller)

 

 

                 Question - That paragraph IV, as proposed to be struck out by the Hon. I. K. Hunter, stand part of the motion - put.

 

 

             Council divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. A. M. Bressington (Teller)

So it was resolved in the affirmative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. I. K. Hunter (Teller)

 

 

                 Question - That the motion moved by the Hon. A. M. Bressington, and as amended by the Hon. I. K. Hunter, the Hon. S. M. Kanck and the Hon. A. L. Evans, be agreed to - put.

 

 

             Council divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. N. Xenophon

The Hon. A. M. Bressington (Teller)

So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. I. K. Hunter (Teller)

 

 

                 The Hon. A. M. Bressington then moved - That the Select Committee consist of the Hon. A. L. Evans, the Hon. R. D. Lawson, the Hon. R. I. Lucas, the Hon. C. V. Schaefer, the Hon. N. Xenophon and the mover.

                 Question put and passed.

                 The Hon. A. M. Bressington moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, have leave to sit during the recess and report on the first day of next session.

                 Question put and passed.

 

 

21.

Ordered - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business Discharged.

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley -

        I.   That as Members of the South Australian Parliament, we recognise the need to ask that Members of the United States Congress take steps to bring about the return to Australia of Australian citizen, David Hicks, a detainee held at Guantanamo Bay for more than 5 years, for prosecution here.

       II.   That the South Australian Legislative Council particularly recognises that -

(a)     the recently announced rules for Guantanamo Bay detainee trials will not afford David Hicks (or other detainees) a fair hearing, consistent with international legal standards and Australian law. For example, Military Commission rules that permit hearsay evidence and evidence obtained by coercion and that restrict access to certain evidence violate essential guarantees of independence and impartiality.

(b)    there is an understanding that there was significant opposition in Congress to the Military Commissions Act 2006 in part because it denies rights, including resort to habeas corpus, to non-US citizens and does not adequately guard against mistreatment of prisoners.

(c)     Judiciary Committee Chairman Senator Leahy’s concerns that, “Not only would the military commissions legislation before us immunize those who violated international law and stomped on basic American values, but it would allow them then to use the evidence obtained in violation of basic principles of fairness and justice” (September 28, 2006).

(d)    the denial of justice in David Hicks’ case erodes values and principles shared by Australia and the United States of America. We are also concerned that the ongoing absence of justice in David Hicks’ case is serving to undermine international efforts to combat terrorism.

(e)     according to Australian psychiatrists, David Hicks is exhibiting signs of mental illness. This is not surprising because we understand that for much of the past 5 years he has been held in solitary confinement. Article 110 of the Third Geneva Convention which is recognised in section 268.99 of the Australian Criminal Code, entitles David Hicks to immediate repatriation to Australia, pending trial before a properly constituted court of law.

(f)     United States Congress colleagues and the Speaker representative Nancy Pelosi insist, perhaps by way of resolution in the Congress, that David Hicks be immediately repatriated to Australia. Expert legal commentary is that the allegations against David Hicks can be considered under Australian criminal law. The issue of custody pending a trial would be considered by a properly constituted court. Be assured also that our anti-terrorism laws make provision for strict control orders to be imposed on terrorism suspects.

(g)    the return of David Hicks to Australia would be entirely consistent with the precedent established by the return of the British subjects held in similar circumstances. But failing return, we ask that David Hicks be immediately put on trial before a properly constituted United States criminal court.

(h)    current arrangements are unjust and contrary to principles that our respective legislatures have for centuries nurtured and cherished. Those principles provide a shining example to those who would seek to destroy or degrade our cherished heritage through arbitrary acts of violence:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Detention of
Mr. David Hicks -
Motion re.

 

             Council divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. R. P. Wortley (Teller)

So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

24.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 10 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas -

        I.   That a Committee to be called the “Budget and Finance Committee” be appointed to monitor and scrutinise all matters relating to the State Budget and the financial administration of the State.

       II.   That the Standing Orders of the Legislative Council in relation to Select Committees be applied and accordingly -

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

(b)    That this Council permits the Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to any such evidence being reported to the Council; and

(c)     That Standing Order No. 396 be suspended to enable strangers to be admitted when the Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

Budget and Finance
Committee -
Appointment of -
Motion re.

 

                 Debate resumed.

          On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 March 2007.

 

 

26.

Ordered - That Orders of the Day (Private Business) No. 12 to No. 14 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Expiation of Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 March 2007.

 

Motor Vehicles
(Expiation of
Offences)
Amendment Bill.

28.

Ordered - That Orders of the Day (Private Business) No. 16 to No. 19 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Lottery and Gaming (Betting on Losing) 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, 28 March 2007.

 

Lottery and Gaming
(Betting on Losing)
Amendment Bill.

30.

Ordered - That Orders of the Day (Private Business) No. 21 and No. 22 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Club One) 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, 28 March 2007.

 

Gaming Machines
(Club One)
Amendment Bill.

32.

Ordered - That Orders of the Day (Private Business) No. 24 and No. 25 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debated on the question - That the Education (Random Drug Testing) Amendment Bill be now read a second time:

                 Debate resumed.

 

Education (Random
Drug Testing)
Amendment Bill.

 

_____________________

 

And it being twelve of the clock:

THURSDAY 15 MARCH 2007

_____________________

 

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 28 March 2007.

 

 

34.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 39 be Orders of the Day for Wednesday, 28 March 2007.

 

Postponement
of Business.

35.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

36.

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

 

Next Day
of Sitting.

 

  37.

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

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Motor Vehicles Act 1959; and to make a related amendment to the Natural Environment Protection Council (South Australia) Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 March 2007.                                                               J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Motor Vehicles (National Transport Commission) Amendment Bill.

38.

Council adjourned at four minutes past twelve o’clock midnight until today at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo