SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  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.

The Hon. J. M. Gazzola brought up the Twenty-Fourth Report, 2008-2009, of the Legislative Review Committee.

 

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

 

    3.

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

        By the President -

                 Police Complaints Authority Report, 2008-2009.

 

Paper.

    4.

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 Health (The Hon. J. D. Hill, M.P.) concerning a Further Update on Swine Influenza.

 

Ministerial
Statement Tabled.

   5.

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

 

Statements on
Matters of Interest.

 

   6.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on the South Australian Murray Darling Basin Natural Resources Management Board Levy Proposal, 2009-2010, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 9 September 2009.

 

Natural Resources
Committee -
Report on the South
Australian Murray
Darling Basin
Natural Resources
Management Board
Levy Proposal
2009-2010, be noted -
Motion re.

 

   7.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Northern and Yorke Natural Resources Management Board Levy Proposal, 2009-2010, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 9 September 2009.

 

Natural Resources
Committee -
Report on
Northern and Yorke
Natural Resources
Management Board
Levy Proposal
2009-2010, be noted -
Motion re.

 

   8.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Eyre Peninsula Natural Resources Management Board Levy Proposal, 2009-2010, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 9 September 2009.

 

Natural Resources
Committee -
Report on
Eyre Peninsula
Natural Resources
Management Board
Levy Proposal
2009-2010, be noted -
Motion re.

 

    9.

The Hon. D. N. Winderlich, pursuant to notice, moved - That this Council -

               I.      Affirms the important role played by local government in delivering and planning services, engaging South Australians in democratic processes and advocating for communities.

             II.      Notes -

(a)       the evidence of mounting conflict among elected members of the Burnside City Council including the resignation of the Chief Executive Officer, subsequent withdrawal of the resignation, legal action taken by some council members against another council member and complaints about code of conduct violations;

(b)       the mounting allegations of corruption and allegations about the influence of an unelected person on the Burnside City Council;

(c)       the fact that the reappointment of Burnside City Council Chief Executive Officer, Neil Jacobs, may have been in breach of the Local Government Act 1999;

(d)       that under the Local Government Act 1999 investigators appointed by the Minister are able to require persons to answer questions and provide documents; and

(e)       that under the Local Government Act 1999 the Minister has power to investigate breaches of any other Act thereby potentially enabling the Minister to investigate allegations of corruption;

             and therefore -

            III.      Commends the Minister for State/Local Government Relations, the Hon. Gail Gago, for immediately commencing the process of a full investigation of the Burnside City Council under section 272 of the Local Government Act 1999.

            IV.      Strongly advises that an investigation of the Burnside City Council actively seeks -

(a)       interviews and submissions from -

    i.      current staff and elected members;

   ii.      staff who have resigned from Burnside City Council since November 2006;

  iii.      residents of Burnside City Council;

  iv.      developers and other businesses that have had dealings with Burnside City Council; and

(b)       consideration of complaints to the Minister for State/Local Government Relations, the Ombudsman and the Police Anti-Corruption Branch that have been lodged between 2004 and 2006.

                 On motion of The Hon. C. Zollo, the debate was adjourned until Wednesday, 9 September 2009.

 

Burnside City
Council -
Motion re.

10.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  11.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council notes the resolutions passed at a public meeting held at Mount Barker on Tuesday, 7 July 2009, calling on the State Government to -

               I.      Ensure that the wishes of the people of Mount Barker are central to any decisions made that affect their community; and

             II.      Put in place opportunities for public debate and genuine consultation about future directions for the development of Mount Barker.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 9 September 2009.

 

Mount Barker
Development -
Motion re.

  12.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council -

               I.      Notes the establishment of the Fresh Water Embassy at Clayton Bay on 28 June 2009 and congratulates the River, Lakes and Coorong Action Group Inc. on this important initiative;

             II.      Notes that the Fresh Water Embassy was established to represent all the fresh water species, all the Ngarrindjeri totems and all the places and communities that will suffer as regulators, weirs, bunds and embankments divide up an interconnected ecosystem;

            III.      Calls on the Premier of South Australia and the Minister for Water Security to establish diplomatic relations between the Government of South Australia and the Fresh Water Embassy with a view to ensuring a fresh water solution to the crisis facing the River Murray, the Lower Lakes and the Coorong; and

            IV.      Urges the State Government to prioritise fresh water flows and bioremediation over engineering solutions such as the regulators currently being constructed at Clayton Bay and proposed for the Finniss River and Currency Creek.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 9 September 2009.

 

Fresh Water
Embassy -
Motion re.

 

13.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Adelaide and Mount Lofty Ranges Natural Resources Management Board Levy Proposal, 2009-2010, be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 9 September 2009.

Natural Resources
Committee -
Report on Adelaide
and Mount Lofty
Ranges Natural
Resources
Management Board
Levy Proposal
2009-2010 -
Motion re.

 

  14.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo - That this Council -

               I.      Strongly urges the Italian Government to reconsider its decision to close the Adelaide Consulate in light of the important role it plays in promoting the cultural, social and economic relationship between South Australia and Italy; and

             II.      Urges the Commonwealth Government to lobby the Italian Government to change its decision to close the Adelaide Consulate:

                 Debate resumed.

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

 

Closure of Italian
Consulate -
Motion re.

 

  16.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  17.

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

               I.      The Premier to call upon the Federal Government, in particular the Prime Minister and the Minister for Broadband, Communications and the Digital Economy, to provide appropriate and swift funding to enable community television to simulcast in both analogue and digital frequencies;

             II.      That the Premier, at the next meeting of the Council of Australian Governments, insists that his interstate counterparts do the same; and

            III.      That the Resolution be forwarded to the Premier, the Prime Minister and the Minister for Broadband, Communications and the Digital Economy for their urgent consideration:

                 Debate resumed.

                 The Hon. B. V. Finnigan moved to amend the motion by leaving out all words after “That this Council urges” and inserting “representation be made by the Minister for Science and Information Economy to the Federal Minister for Broadband, Communications and the Digital Economy, at a future meeting of the Online and Communications Council, to explore options enabling simulcast in both analogue and digital frequencies for community television.”.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Community
Television -
Motion re.

  18.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 9 September 2009.

 

Development
(Regulated Trees)
Amendment Bill.

19.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business
Discharged.

 

  20.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 17 be Orders of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

21.

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.

 

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Whistleblowers Protection (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, 9 September 2009.

 

Whistleblowers
Protection
(Miscellaneous)
Amendment Bill.

  23.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  24.

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

                 Debate resumed.

                 On motion of the Hon. S. G. Wade, the debate was adjourned and ordered to be resumed on motion.

 

Development
(Major
Developments)
Amendment Bill.

 

  25.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Abuse In State Care (Compensation) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 9 September 2009.

 

Victims of Abuse
In State Care
(Compensation) Bill.

  26.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  27.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications Films and Computer Games) (R 18+ Films) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 9 September 2009.

 

Classification
(Publications Films
and Computer
Games)
(R 18+ Films)
Amendment Bill.

 

  28.

On the Order of the Day being read for the adjourned debate on the question - That the Independent Commission Against Corruption 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, 9 September 2009.

 

Independent
Commission Against
Corruption Bill.

 

  29.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 46 be Orders of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  30.

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

                 Debate resumed.

                 And the Hon. S. G. Wade having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 9 September 2009.

 

Coroners
(Recommendations)
Amendment Bill.

  31.

Ordered - That Orders of the Day (Private Business) No. 48 to No. 62 be Orders of the Day for Wednesday, 9 September 2009.

 

Postponement
of Business.

  32.

Ordered - That Orders of the Day (Private Business) No. 8 and No. 20, adjourned on motion, be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  33.

The Minister for State/Local Government Relations, by leave, moved Notice of Motion (Government Business) No. 1 in an amended form, viz.: That she have leave to introduce a Bill for an Act to amend the Local Government (Elections) Act 1999 and to make related amendments to the City of Adelaide Act 1998.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Local Government
(Elections)
(Miscellaneous)
Amendment Bill.

  34.

The Minister for State/Local Government Relations, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend Local Government Act 1999 and the City of Adelaide Act 1998.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations then moved - That the Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Council
Allowances) Bill.

 

  35.

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

 

Postponement
of Business.

36.

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

Message No. 80

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935 and the Summary Procedure Act 1921, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

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

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
(Property Offences)
Bill.

 

Message No. 81

                 MR. PRESIDENT - The House of Assembly has disagreed to the Amendment made by the Legislative Council in the Road Traffic (Miscellaneous) Amendment Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 15 July 2009.                                                                   J. J. SNELLING, Speaker.

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

 

Road Traffic
(Miscellaneous)
Amendment Bill.

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Harbors and Navigation Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 July 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.

 

Harbors and
Navigation
(Miscellaneous)
Amendment Bill.

 

Message No. 83

                 MR. PRESIDENT - The House of Assembly agreed to the Bill returned herewith, entitled an Act to amend the Petroleum Act 2000 and to make related amendments to the Development Act 1993 and the Mining Act 1971, without any amendment.

House of Assembly, 15 July 2009.                                                                   J. J. SNELLING, Speaker.

 

Petroleum
(Miscellaneous)
Amendment Bill.

37.

Council adjourned at fifteen minutes past ten 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