SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  14  JULY  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.

Answers to Questions on Notice Nos. 215 and 244 of this Session, received this day, were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

   3.

The Hon. J. M. Gazzola brought up the Report of the Aboriginal Lands Parliamentary Standing Committee, 2007-2008.

                 Ordered - That the Report be printed. (Paper No. 243)

 

 

    4.

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

        By the President -

                 Legislative Council of the Parliament of South Australia - Report, 2007-2008.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Department of Trade and Economic Development Report - 2007-2008 Addendum.

                 South Australian Election Report: Frome By-election - Electoral Commission SA.

                 Details of all appointments to the Minister’s personal staff - Section 69 of the Public Sector Management Act 1995.

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

                 Proposal to vary Fencing at the Gawler Police Station - Report.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Deaths in Custody of Andrew Stephen Gill and Simon Schaer - Report prepared by the Department for Correctional Services of actions taken following the Coronial Inquiry dated June 2009.

                 Deaths in Custody of Andrew Stephen Gill and Simon Schaer - Report prepared by SA Health of actions taken following the Coronial Inquiry dated 26 May 2009.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 - Restricted Areas.

                          Motor Vehicles Act 1959 - Self-propelled Elevating Work Platform.

                          Nursing and Midwifery Practice Act 2008 - General.

                 Australian Children’s Performing Arts Company - Charter as at 28 April 2009.

                 Department for Environment and Heritage - A Review of Nullarbor Regional Reserve - 1999-2009.

                 TransAdelaide Corporation Charter.

                 Twenty-Ninth Report of the Social Development Committee: The Review of the Department of Health’s Report into Hypnosis - South Australian Government Response.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - Streaky Bay High School.

 

Papers.

   5.

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

 

Postponement
of Business.

   6.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Petroleum (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. 62 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.

 

Petroleum
(Miscellaneous)
Amendment Bill.

   8.

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

                 Debate resumed.

                 On motion of The Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Reproductive
Technology
(Clinical Practices)
(Miscellaneous)
Amendment Bill.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Outback Communities (Administration and Management) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. S. G. Wade moved on page 5, lines 9 and 10, to leave out “of whom at least 3 are to be members of different outback communities”.

                 The Minister for State/Local Government Relations moved on page 5, line 9, to leave out “3” and substitute “4”.

                 Question - That the words “of whom at least” stand as printed - put.

Outback
Communities
(Administration and
Management) Bill.

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. D. N. Winderlich

The Hon. S. G. Wade (Teller)

 

 

 

                 Question - That the amendment of the Minister for State/Local Government Relations be agreed to - put and passed.

                 The Hon. S. G. Wade moved on page 5, after line 10, to insert the following:

    “(1a)     No more than 2 members of the Authority may be non‑voting members.

      (1b)    The following rules govern the appointment of voting members:

      (a)       subject to paragraph (g), the Minister must seek nominations for appointment of voting members by notice in a newspaper circulating generally throughout the outback and on the website of the Authority;

      (b)      the Minister may accept a nomination from any person whom the Minister is satisfied has or formerly had his or her principal place of residence in the outback or from any community organisation that the Minister is satisfied represents the interests of, or provides public services and facilities to, an outback community;

      (c)       the Minister may accept the nomination of any person whom the Minister is satisfied has or formerly had his or her principal place of residence in the outback;

      (d)      the Minister must select voting members for appointment from the persons validly nominated for appointment within the period (being at least 1 month) allowed by the notice;

      (e)       subject to paragraph (f), the Governor may appoint a person as a voting member despite the fact that he or she has not been so nominated and selected by the Minister if an insufficient number of nominations have been received and it is necessary to do so in order for the Authority to have at least 5 voting members;

       (f)       in appointing a person under paragraph (e), the Governor must ensure that at least 3 voting members of the Authority have or formerly had principal places of residence in the outback;

      (g)      if a person is to be appointed to fill a casual vacancy occurring in the office of a voting member within 12 months after the member's appointment following nomination in response to a notice seeking nominations for appointment, the Minister may select a person to fill the casual vacancy from amongst other persons validly nominated in response to the notice but not selected for appointment (without seeking further nominations).”.

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

                          Clause No. 7, as otherwise amended, agreed to.

                          Clauses No. 8 to No. 15 agreed to.

                          Clause No. 16 read.

                 The Hon. S. G. Wade moved on page 10, after line 32, to insert the following:

                       “(4a)   The plan and budget must be accompanied by a certificate of assurance of an independent auditor approved by the Minister certifying that, in the opinion of the auditor—

      (a)       the Authority has made a proper assessment of its financial requirements for the financial year taking into account the activities proposed in the plan and the means by which the activities are to be carried out; and

      (b)      the rates proposed to be declared for the financial year are appropriate having regard to that assessment.”.

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

 

 

                          Clause No. 16, as otherwise amended, agreed to.

                          Clauses No. 17 to No. 20 agreed to.

                          Clause No. 21, being a money clause, no question was put on the clause.

                          Clauses No. 22 to No. 27 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 with amendments; whereupon the Council adopted such report.

                 The Minister for State/Local Government Relations, 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.

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

11.

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

                 Debate resumed.

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

 

Appropriation Bill.

12.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Cooling-off Rights) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

14.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

The following Messages from the House of Assembly were received and read:

Message No. 78

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 4 to 8, 11, 13, 14 and 16 to 20 made by the Legislative Council in the Public Sector Bill, without any amendment; has agreed to Amendment No. 1 with an amendment as indicated in the annexed Schedule; has disagreed to Amendment No. 15 but has made an alternative amendment in lieu thereof as indicated in the annexed Schedule; and has disagreed to Amendments Nos. 2, 3, 9, 10 and 12.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 14 July 2009.                                                                   J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Public Sector Bill.

 

Schedule of the Amendment made by the Legislative Council

to which the House of Assembly has agreed with an amendment.

Amendment No. 1–

New clause, page 11, after line 2—

After clause 6 insert:

6A—Whistleblowing

Each public sector agency must—

      (a)       ensure that a public sector employee (with qualifications determined by the Commissioner) is designated as a responsible officer for the agency for the purposes of the Whistleblowers Protection Act 1993; and

      (b)      ensure that the Commissioner is informed of any disclosure of public interest information made to such a responsible officer under that Act if the person making the disclosure consents to the Commissioner being so informed; and

 

 

      (c)       ensure that an investigation of a disclosure of public interest information to such a responsible officer under that Act is completed within 28 days of the disclosure.

Amendment made by the House of Assembly thereto–

New clause 6A—

Delete paragraphs (b) and (c).

 

Schedule of the Amendment made by the Legislative Council
 to which the House of Assembly has disagreed.

Amendment No. 15–

Clause 53, page 27, line 5 [clause 53(1)]—

Delete "A public sector agency may" and substitute:

The Commissioner may, at the request of a public sector agency,

 

Schedule of the Alternative Amendment made by the House of Assembly in lieu thereof.

 

Clause 53—after subclause (2) insert:

      (3)       A public sector agency may not terminate the employment of an employee under subsection (1) on any ground unless the agency

      (a)       has informed the Commissioner of the grounds on which it is proposed to terminate the employment of the employee and the processes leading up to the proposal to terminate; and

      (b)      has considered any advice given by the Commissioner within 14 days about the adequacy of the processes.

 

Schedule of the Amendments made by the Legislative Council
 to which the House of Assembly has disagreed.

Amendment No. 2–

New clause, page 11, after line 38—

After clause 9 insert:

9A—Consultation with employees and representative organisations

      (1)       Before making a decision, or taking action, that will affect a significant number of public sector employees, a public sector agency must, so far as is practicable—

      (a)       give notice of the proposed decision or action—

       (i)       to the employees; and

      (ii)       if a significant number of the members of a public sector representative organisation will be affected by the proposed decision or action—to the organisation; and

      (b)      hear any representations or argument that representatives of the employees or the organisation may wish to present in relation to the proposed decision or action.

      (2)       Nothing in this section limits or restricts the carrying out of a function or exercise of a power by the public sector agency under this Act.

Amendment No. 3–

Clause 11, page 12, after line 34—

After subclause (7) insert:

     (7a)      The report must state the number of occasions on which public interest information has been disclosed to a responsible officer of the agency under the Whistleblowers Protection Act 1993 during the financial year to which the report relates.

Amendment No. 9–

Clause 14, page 14, after line 22—

After subclause (2) insert:

     (2a)      The code of conduct may not restrict participation by public sector employees in community activities unrelated to their employment except so as to ensure that public sector employees conduct themselves in public in a manner that will not reflect adversely on the public sector.

 

 

 

Amendment No. 10–

Clause 14, page 14, before line 23—

Before subclause (3) insert:

     (2b)     The code will be taken to require that an employee of a public sector agency may report actual or suspected maladministration or misconduct in the public sector to the Commissioner or an executive employee of the agency (or both), or participate in an official inquiry into such maladministration or misconduct, without suffering discrimination, disadvantage or adverse treatment in relation to his or her employment.

Amendment No. 12–

Clause 20, page 16, after line 34 [clause 20(2)]—

After paragraph (b) insert:

     (ba)     state the number of occasions on which public interest information has been disclosed to the Commissioner under the Whistleblowers Protection Act 1993; and

M. LEHMAN, Acting Clerk of the House of Assembly.

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

 

 

16.

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

Message No. 79

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Equal Opportunity Act 1984, without any amendment.

House of Assembly, 14 July 2009.                                                                   J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

17.

Council adjourned at twenty-six minutes past six o’clock until tomorrow at fifteen minutes past two o’ clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. 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