SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  NOVEMBER  2006

 

 

 

   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 following Papers were laid upon the Table, viz.:

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

                 Reports, 2005-2006 -

                          South Australian Aboriginal Housing Authority.

                          South Australian Community Housing Authority.

                          South Australian Housing Trust.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Reports, 2005-2006 -

                          Coast Protection Board.

                          Dog and Cat Management Board.

                          Native Vegetation Council.

                          Upper South East Dryland Salinity and Flood Management Act 2002.

                          Vulkathunha-Gammon Ranges National Park Co-Management Board.

 

Papers.

   2.

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

Legislative
Review
Committee -
Twelfth Report,
2006.

 

   3.

The Hon. J. M. Gazzola brought up the Thirteenth Report, 2006, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Development Act 1993 - Constitution of Statutory Committees.

Subordinate Legislation Act 1978 - Postponement of Expiry.

 

Legislative
Review
Committee -
Thirteenth Report,
2006.

 

   4.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Preparation for Drought and Maintenance of Water Supplies.

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning a Constitutional Convention.

 

Ministerial
Statement Tabled.

   6.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended for one hour to enable the Hon. C. V. Schaefer to complete her question to the Minister for Emergency Services and for the Minister to complete her reply and for questions to be asked and replies given concerning the Auditor-General’s Report, 2005-2006.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing  Orders.

   7.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended for five minutes to enable further questions to be asked and replies given concerning the Auditor-General’s Report, 2005-2006.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing  Orders.

   8.

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

 

Statements on
Matters of Interest.

   9.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee, 2005-2006, be noted.

                 Debate ensued.

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

 

Report of the
Environment,
Resources and
Development
Committee, 2005-
2006 be noted -
Motion re.

 

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the WorkCover Corporation Act 1994.

                 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. I. K. Hunter, the debate was adjourned until Wednesday next.

 

WorkCover
Corporation
(Auditor-General)
Amendment Bill.

11.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Waterworks Act 1932 and to make a related amendment to the Sewerage Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. W. Ridgway 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 next.

 

Waterworks (Water
Management
Measures-Use of
Rainwater)
Amendment Bill.

12.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Sewerage Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. W. Ridgway then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday next.

 

Sewerage (Water
Management
Measures-Use of
Waste Material)
Amendment Bill.

13.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Sewerage Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. W. Ridgway then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday next.

 

Sewerage
(Greywater)
Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee, 2005-2006, be noted:

                 Question put and passed.

 

Report of the
Statutory Authorities
Review Committee,
2005-2006 be noted -
Motion re.

  15.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Ticket Scalping) Amendment Bill be now read a sond time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

       

Summary Offences
(Ticket Scalping)
Amendment Bill.

  17.

Ordered - That Orders of the Day (Private Business) No. 12 to No. 29 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

  18.

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

Message No. 49

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the Evidence (Use of Audio and Audio Visual Links) Amendment Bill but has made the alternative amendment in lieu thereof as indicated in the annexed Schedule. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 14 November 2006.                                                  J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Evidence (Use of
Audio and Audio
Visual Links))
Amendment Bill.

 

 

Schedule of the amendment of the Legislative Council to which the House of Assembly has disagreed

Amendment No 1—

Clause 4, page 4, after line 7—

Insert:

      (7)       If the victim of an offence or an alleged offence, or a member of the victim's immediate family, advises the relevant prosecuting authority that he or she objects to the use by the court of an audio visual link or an audio link in a proceeding in respect of the offence, the prosecuting authority must object to the use of the link.

      (8)       For the purposes of subsection (7)—

                  child—a reference to a child is not limited to biological and adopted children but extends to a person in relation to whom another (who is not a biological parent) stands in the position, and undertakes the responsibilities, of a parent;

                   immediate family of a person means any 1 or more of the following:

      (a)       a spouse (including a putative spouse);

      (b)      a parent or guardian;

      (c)       a grandparent;

      (d)      a child (including an adult child);

      (e)       a grandchild (including an adult grandchild);

       (f)       a brother or sister;

                   victim, in relation to an offence, means—

      (a)       a person who suffers physical or mental injury, damage or loss as a result of the commission of the offence;

      (b)      a person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences.

 

Schedule of the Alternate Amendment made by the House of Assembly in lieu of

Amendment No. 1 of the Legislative Council

House of Assembly’s Alternate Amendment

Clause 4, page 4, after line 7—

Insert:

      (7)       In proceedings relating to an offence (other than proceedings to which subsection (4) applies), the prosecuting authority must object to the use by the court of an audio visual link or an audio link if requested to do so by—

      (a)       an alleged victim of the offence; or

      (b)      if an alleged victim of the offence—

       (i)       is a child—a parent or guardian of the alleged victim; or

      (ii)       is deceased or unable to represent himself or herself because of some physical or medical condition—a member of the alleged victim's immediate family.

      (8)       In subsection (7)—

immediate family of an alleged victim means—

      (a)       a spouse (including a putative spouse); or

      (b)      a parent or guardian; or

      (c)       a grandparent; or

      (d)      an adult child; or

      (e)       an adult grandchild; or

       (f)       a brother or sister;

victim, in relation to an offence, means—

      (a)       a person who suffers physical or mental injury, damage or loss as a result of the commission of the offence;

      (b)      a person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences.

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

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

 

 

 

Message No. 50

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts within the Justice portfolio, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 2006.                                                  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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Justice Portfolio)
Bill.

 

 

Message No. 51

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

House of Assembly, 14 November 2006.                                                  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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Drink Spiking)
Amendment Bill

  19.

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

 

Postponement
of Business.

20.

At 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.

21.

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

 

Postponement
of Business.

  22.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Magistrates (Part-time Magistrates) 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. 9 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Magistrates
(Part-time
Magistrates)
Amendment Bill.

 

                 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 Police, 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.

 

 

24.

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.

                 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.

 

Appropriation Bill.

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Stamp Duties (Land Rich Entities) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 13 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 Police, 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.

 

Stamp Duties
(Land Rich Entities)
Amendment Bill.

26.

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

 

Postponement
of Business.

  27.

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

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Public Finance and Audit Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 November 2006.                                                  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.

 

Messages from
House of Assembly:
Public Finance
and Audit
(Auditor-General
Retirement Age)
Amendment Bill.

 

 

Message No. 53

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Development Act 1993 and to make related amendments to the Local Government Act 1999 and the Parliamentary Committees Act 1991, without any amendment.

House of Assembly, 15 November 2006.                                                  J. J. SNELLING, Speaker.

 

Development
(Development
Plans)
Amendment Bill.

 

 

Message No. 54

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend various Acts in order to provide for new employment arrangements within the public sector on account of the enactment of Commonwealth legislation relating to workplace relations, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 November 2006.                                                  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.

 

Statutes Amendment
(Public Sector
Employment) Bill.

 

 

28.

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

 

Postponement
of Business.

29.

Council adjourned at twenty-four minutes to eleven 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. 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. D. W. Ridgway

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