SOUTH AUSTRALIA]

No. 57

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  14  OCTOBER  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 Twenty-Eighth Report, 2008-2009, of the Legislative Review Committee.

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

 

    3.

The Hon. R. I. Lucas brought up the Report on the Operations of the Budget and Finance Committee of the Legislative Council, 2008-2009, together with Minutes of Evidence from 16 March 2009 to 12 October 2009.

                 Ordered - That the Report be printed.  (Paper No. 268)

 

Budget and Finance
Committee -
Report, 2008-2009.

    4.

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

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

                 Director of Public Prosecutions - Report, 2008-2009.

 

Paper.

    5.

The Minister for State/Local Government Relations (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. W. Weatherill, M.P.) concerning Restoring South East Water to the Coorong.

 

Ministerial
Statement Tabled.

   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. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee, 2008-2009, be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 28 October 2009.

 

Natural Resources
Committee - Report,
2008-2009, be noted -
Motion re.

    8.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on South Australian Arid Lands Natural Resources Management Board Levy Proposal, 2009-2010:  “Ask not what your Board can do for you…”, be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 28 October 2009.

 

Natural Resources 
Committee - Report
on South Australian
Arid Lands Natural
Resources
Management Board
Levy Proposal,
2009-2010, be noted -
Motion re.

 

    9.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  10.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Remuneration Act 1990.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That the Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 28 October 2009.

 

Parliamentary
Remuneration
(Basic Salary
Determinations)
Amendment Bill.

  11.

Ordered - That Notice of Motion (Private Business) No. 6 be postponed and taken into consideration after Notice of Motion (Private Business) No. 10.

 

Postponement
of Business.

  12.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council notes with concern the influence of corporate sponsorship on public education.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 October 2009.

 

Influence of
Corporate
Sponsorship on
Public Education. -
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 Evidence Act 1929.

                 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. J. M. Gazzola, the debate was adjourned until Wednesday, 28 October 2009.

 

Evidence
(Propensity
Evidence)
Amendment Bill.

  14.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That this Council -

               I.      Calls upon the Government to behave as a model litigant in public interest litigation, in particular, on the question of costs; and

             II.      Calls upon all litigants to bear in mind the public interest when a question of costs arises.

                 On motion of the Hon. M. C. Parnell, the debate was adjourned until Wednesday, 28 October 2009.

 

Public Interest
Litigation -
Motion re.

  15.

The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Subordinate Legislation Act 1978.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 October 2009.

 

Subordinate
Legislation
(Miscellaneous)
Amendment Bill.

  16.

The Hon. C. Zollo, according to order, moved - That the Report of the Statutory Authorities Review Committee, 2008-2009, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 28 October 2009.

 

Statutory Authorities
Review Committee -
Report, 2008-2009,
be noted -
Motion re.

 

  17.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 9 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. J Stephens - That the Report of the Aboriginal Lands Parliamentary Standing Committee, 2007-2008, be noted:

                 Debate resumed.

                 Question put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee,
Report - 2007-2008,
be noted -
Motion re.

  19.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 16 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 concerning Claims and Registration - Discontinuance Fee, made on 26 March 2009 and laid on the Table of this Council on 7 April 2009, be disallowed:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 28 October 2009.

 

Workers
Rehabilitation and
Compensation Act -
Regulations -
Claims and
Registration -
Discontinuance Fee -
Motion for
Disallowance of.

 

  21.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 25 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  22.

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 Common-wealth Nation Building Program, made on 26 February 2009 and laid on the Table of this Council on 3 March 2009, be disallowed:

                 Debate resumed.

                 Question put and negatived.

 

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

 

  23.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 29 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  24.

Ordered - That Order of the Day (Private Business) No. 30 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  25.

Ordered - That Orders of the Day (Private Business) No. 31 and No. 32 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

26.

Ordered - That Order of the Day (Private Business) No. 33 be discharged.

 

Business Discharged.

 

  27.

Ordered - That Orders of the Day (Private Business) No. 34 to No. 38 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  28.

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 and ordered to be resumed on motion.

 

Willunga Basin
Protection Bill.

  29.

Ordered - That Orders of the Day (Private Business) No. 40 to No. 45 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

30.

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

Message No. 103

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the First Home Owner Grant Act 2000, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from
House of Assembly:
First Home Owner
Grant (Special
Eligible
Transactions)
Amendment Bill.

31.

At five minutes to 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.

 

32.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Independent Commission Against Corruption Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 50 agreed to.

                          Clause No. 51 struck out.

                          New Clause No. 51 inserted.

                          Clauses No. 52 to No. 87 agreed to.

                          Clause No. 88 amended and agreed to.

                          Clauses No. 89 to No. 104 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 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.

 

Independent
Commission Against
Corruption Bill.

33.

Ordered - That the adjourned debate on the question - That the Willunga Basin Protection Bill be now read a second time - be now 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. 23 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.

 

Willunga Basin
Protection Bill.

34.

On the Order of the Day being read for the adjourned debate on the question - That the Consent to Medical Treatment and Palliative Care (Voluntary Euthanasia) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 28 October 2009.

 

Consent to Medical
Treatment and
Palliative Care
(Voluntary
Euthanasia)
Amendment Bill.

  35.

Ordered - That Orders of the Day (Private Business) No. 47 to No. 49 be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

36.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Coroners (Recommendations) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 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.

 

Coroners
(Recommendations)
Amendment Bill.

37.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 28 October 2009.

 

Postponement
of Business.

  38.

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

 

Postponement
of Business.

39.

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

 

Next Day of Sitting.

40.

Council adjourned at nineteen minutes to eleven 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