SOUTH AUSTRALIA]

No. 25

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  16  OCTOBER  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. 7.

                 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 Second Session of the 51st Parliament, viz.:

                 No. 36 of 2007 - An Act to amend the South Australian Ports (Disposal of Maritime Assets) Act 2000.

                 No. 37 of 2007 - An Act to amend the Election of Senators Act 1903.

                 No. 38 of 2007 - An Act to amend the Summary Procedure Act 1921.

Government House, Adelaide, 16 October 2007.                                         KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

 

   3.

Answer to Question on Notice No. 16 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

 

    4.

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

        By the President -

                 Report of the Auditor-General, 2006-2007 - Parts A, B (Volumes 1-5) and C.

        By the Minister for Police (The Hon. P. Holloway) -

                 Reports, 2006-2007 -

                          ANZAC Day Commemoration Council.

                          Electricity Supply Industry Planning Council.

                          Listening and Surveillance Devices Act 1972.

                          Operations of the Auditor-General’s Department.

                          South Australian Rail Regulation.

                          State Procurement Board.

                          Tarcoola-Darwin Rail Regulation.

                          Witness Protection Act 1996.

                 Police complaints Authority Report dated 14 September 2007 - pursuant to Section 57 of the Criminal Law (Forensic Procedures) Act 2007.

                 Suppression Orders made pursuant to Section 71 of the Evidence Act 1929.

 

Papers.

 

 

 

                 Regulation under the following Act -

                          National Electricity (South Australia) Act 1996 - Civil Monetary Liabilities.

                 Rules of Court -

                          District Court - District Court Act 1991 - Criminal and Miscellaneous.

                          Supreme Court - Supreme Court Act 1935 - Sexual Offences.

                 Transparency Statement - Water and Wastewater Prices in Metropolitan and Regional South Australia, 2007-2008.

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

                 Reports, 2006-2007 -

                          Adelaide Cemeteries Authority.

                          West Beach Trust.

                 City of West Torrens - Local Heritage Plan Amendment Report by the Council.

                 Regulation under the following Act -

                          Development Act 1993 - Statement of Intent.

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

                 Office for the Ageing (Activities associated with the Administration of the Retirement Villages Act 1987) - Report, 2006-2007.

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

                 Reports, 2006-2007 -

                          Adelaide Dolphin Sanctuary Act 2005.

                          Local Government Finance Authority of South Australia.

                          Vulkathunha-Gammon Ranges National park Co-Management Board.

                          Zero Waste SA.

                 Regulations under the following Acts -

                          Food Act 2001 - Enforcement Agencies.

                          Liquor Licensing Act 1997 - Dry Zones - Kadina.

                          Optometry Practice Act 2007 - Registration.

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

                 Controlled Substances Advisory Council - Report, 2006-2007.

 

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Youth Justice Reforms in response to the Report, To Break the Cycle.

 

 

Select Committee on
the
Prince Alfred
College
Incorporation
(Constitution
of Council)
Amendment Bill.

   6.

The Minister for Emergency Services, according to order, brought up the Report of the Select Committee on the Prince Alfred College Incorporation (Constitution of Council) Amendment Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 207)

                 The Minister for Emergency Services then moved - That the Bill be recommitted to a Committee of the Whole Council on next day of sitting.

                 Question put and passed.

 

 

Postponement
of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

 

Marine Parks Bill.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Marine Parks 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. C. V. Schaefer moved on page 10, lines 6 to 12, to leave out paragraph (f).

                 Question - That the amendment be agreed to put.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. V. Schaefer (Teller)

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. A. M. Bressington

The Hon. A. L. Evans

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. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 8 otherwise amended and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 amended and agreed to.

                          New clause No. 14A inserted.

                          Clause No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clause No. 21 amended and agreed to.

                          Clause No. 22 agreed to.

                          New clause No. 22A inserted.

                          New clause No. 22B inserted.

                          New clause No. 22C inserted.

                          New clause No. 22D inserted.

                          New clause No. 22E inserted.

                 The Hon. C. V. Schaefer moved on page 18, after line 19, to insert new clause No. 22F as follows:

22F—Functions of Council

      (1)       The Council has the following functions:

      (a)       to provide advice to the Minister on the establishment of marine parks, including the areas to be specified as marine parks;

      (b)      to provide advice to the Minister in relation to the introduction, variation or revocation of interim protection orders;

      (c)       to provide advice to the Minister in relation to a proposal to alter the boundaries of a marine park;

      (d)      to provide advice to the Minister in relation to a proposal to establish or alter a zone within a marine park;

      (e)       to provide advice to the Minister in relation to the management of marine parks, the formulation and operation of management plans under this Act, and the extent to which the objects of the Act are being achieved through the implementation of management plans under this Act;

       (f)       to provide advice to the Minister on ways to promote community participation in the management of marine parks and the conservation of relevant marine environments;

      (g)      to carry out such other functions as may be assigned to the Council by or under this Act or by the Minister.

      (2)       The Council must, in providing advice to the Minister, take into account the objects of this Act.”.

 

 

 

 

 

                 The Hon. M. C. Parnell moved to amend proposed new clause No. 22F by leaving out paragraph (a) and inserting new paragraph as follows:

     “(a)      to provide advice to the Minister on the establishment of marine parks, including—

       (i)       advice on any community nominations for marine parks; and

      (ii)       advice on the areas to be specified as marine parks;”.

                 Question - That the amendment moved by the Hon. M. C. Parnell to new clause No. 22F, as proposed to be inserted by the Hon. C. V. Schaefer, be agreed to - put and passed.

                 Question - That new clause No. 22F, as proposed to be inserted by the Hon. C. V. Schaefer and as amended by the Hon. M. C. Parnell, be so inserted - put and passed.

                          New clause No. 22F inserted.

                          New clause No. 22G inserted.

                          New clause No. 22H inserted.

                          Clause No. 23 amended and agreed to.

                          Clauses No. 24 to No. 48 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 Environment and Conservation, 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.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

Messages from
House of Assembly:
National Electricity
(
South Australia)
(National Electricity
Law - Miscellaneous
Amendments) 
Amendment Bill.

 

   9.

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

Message No. 41

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Electricity (South Australia) Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 October 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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

 

Australian Energy
Market Commission
Establishment
(Consumer
Advocacy Panel)
Amendment Bill.

 

 

Message No. 42

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Australian Energy Market Commission Establishment Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 October 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. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

 

West Beach
Recreation Reserve
(Boating Facilities)
Amendment Bill.

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the West Beach Recreation Reserve Act 1987, without any amendment.

House of Assembly, 16 October 2007.                                                                 J. J. SNELLING, Speaker.

 

 

Suspension and
Resumption of
Sitting.

 

10.

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.

 

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 and No. 6 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Penola Pulp Mill Authorisation Bill.

 

In the Committee

 

                          Schedule further considered, further amended and 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 Environment and Conservation, 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.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Penola Pulp Mill
Authorisation Bill.

 

 

             Council divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo  (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. A. M. Bressington

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 and No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Prevention of
Cruelty to Animals
(Animal Welfare)
Amendment Bill.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Collections for Charitable Purposes (Miscellaneous) 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 next day of sitting.

 

Collections for
Charitable Purposes
(Miscellaneous)
Amendment Bill.

 

16.

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

 

Postponement
of Business.

 

17.

Council adjourned at twenty 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. 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. C. Zollo

 

 

 


 

NOTICES  AND  ORDERS  OF  THE  DAY

___________

 

WEDNESDAY  17  october  2007

 

 

 

Notices  of  Motion:  Private  Business -

 

1.

The Hon. A. M. Bressington to move - That she have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953; and to make related amendments to the Controlled Substances Act 1984.

 

2.

The Hon. M. C. Parnell to move - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

 

3.

The Hon. A. M. Bressington to move - That she have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

 

4.

The Hon. D. W. Ridgway to move -

 

I.

That pursuant to Section 16(1)(a) of the Parliamentary Committees Act 1991, the Statutory Authorities Review Committee enquire into and report on the WorkCover Corporation of South Australia (WorkCover), having regard to the extraordinary blow-out in the unfunded liability of WorkCover from $86 million in 2002 to $843 million in 2007, the failure of the Government to properly and adequately monitor and manage the unfunded liability of WorkCover, and the claim by WorkCover in January 2006 that the sole claims manager would achieve necessary liability reduction to deliver a fully funded scheme by 2012-2013, with particular regard to -

 

 

 

(a)

the deteriorating financial position of WorkCover;

 

 

 

(b)

the effectiveness of outsourcing the claims management to a sole claims manager;

 

 

 

(c)

the tender process and the probity of that process, leading to the appointment of the sole claims manager;

 

 

 

(d)

the exposure of WorkCover to the subprime financial market;

 

 

 

(e)

the 2007 actuarial report submitted to the WorkCover Board in September 2007; and

 

 

 

(f)

any other matters.

 

 

II.

And that WorkCover provides copies of the following documents by 21 November 2007 -

 

 

 

(a)

any material provided to WorkCover by WorkCover’s Claims Management Agent of -

 

 

 

 

       i.

organisational charts;

 

 

 

 

      ii.

resources of the Agent which are applied in the performance of the Agent’s functions, including employee resource plans;

 

 

 

 

     iii.

resources provided by any other organisation or entity to the Agent in or in connection with the performance of the Agent’s functions; and

 

 

 

 

     iv.

commercial arrangements for the supply of the resources referred to in (ii) including details of any charges which the Agent is obliged to pay in respect of the supply of those resources, as required by clause 4.5 of the Claims Management Agreement (the Agreement), dated 26 February 2007;

 

 

 

(b)

organisational charts provided to WorkCover of all significant positions within the Claims Management Agent’s personnel, as required by clause 4.6 of the Agreement;

 

 

 

(c)

any documents and correspondence relating to WorkCover’s approval of persons to occupy the positions to be designated to be held by Key Agent Personnel, as required by clause 4.6 of the Agreement;

 

 

 

(d)

the Agent Performance Evaluation Program and any documents promulgated pursuant to clause 7.1 of WorkCover’s Claims Management Agreement;

 

 

 

(e)

any reports provided to WorkCover by the Claims Management Agent, outlining the outcomes of its internal audit and quality assurance programs, as required by clause 7.4 of the Agreement;

 

 

 

(f)

any reports relating to general or selective audits of the Claims Management Agent, undertaken by WorkCover, as required by clause 7.5 of the Agreement;

 

 

 

(g)

a list of all unauthorised payments or any documents evidencing unauthorised payments made by the Claims Management Agent, as required by clause 9.3 of the Agreement;

 

 

 

(h)

the ‘Certificate of Readiness’ of the Claims Management Agent, as required by clause 13.2 of the Agreement;

 

 

 

(i)

the transition-in plan of the Claims Management Agent, as required by clause 13.3 of the Agreement;

 

 

 

(j)

a copy of the complete and current WorkCover Claims Management Agreement, including all Schedules annexed thereto;

 

 

 

(k)

all tender documents relating to the outsourcing of WorkCover SA’s claims management, for the period 28 February 2005 to 30 February 2006;

 

 

 

(l)

all recommendations made to the WorkCover Board, concerning assessment of all tenders for the outsourcing of the WorkCover claims management;

 

 

 

(m)

the WorkCover actuarial report for the financial year ending 30 June 2006;

 

 

 

(n)

the WorkCover actuarial report for the financial year ending 30 June 2007; and

 

 

 

(o)

correspondence (including emails) between the WorkCover actuary and the WorkCover Board, for the period 30 June 2006 to 30 June 2007.

 

 

 

Orders  of  the  Day:  Private  Business -

 

1.

Waterworks (Making of Restrictions) Amendment Bill (No. 69):  adjourned debate on second reading - (September 26) - (The Hon. R. P. Wortley)3.

 

2.

Adjourned debate on motion of the Hon. R. P. Wortley - That the Annual Report of the Natural Resources Committee, 2006-2007, be noted - (September 26) - (The Hon. J. M. Gazzola).

 

3.

Adjourned debate on motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Kangaroo Island Natural Resources Management Board Levy Proposal, 2007-2008, be noted - (September 26) - (The Hon. J. M. Gazzola).

 

4.

Adjourned debate on motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Northern and Yorke Natural Resources Management Board Levy Proposal, 2007-2008, be noted - (September 26) - (The Hon. J. M. Gazzola).

 

5.

Adjourned debate on motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on South East Natural Resources Management Board Levy Proposal, 2007-2008, be noted - (September 26) - (The Hon. B. V. Finnigan).

 

6.

Adjourned debate on motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Eyre Peninsula Natural Resources Management Board Levy Proposal, 2007-2008, be noted - (September 26) - (The Hon. J. M. Gazzola).

 

7.

Adjourned debate on motion of the Hon. B. V. Finnigan - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee concerning an Inquiry into the Law and Processes relating to Workplace Injuries and Death in South Australia, be noted - (September 26) - (The Hon. I. K. Hunter).

 

8.

Adjourned debate on motion of the Hon. N. Xenophon - That the Statutory Authorities Review Committee inquire into the effectiveness of the Teachers’ Registration Board in the exercise of its functions and powers, with respect to -

 

I.

The welfare and best interests of children as its primary consideration in the performance of its functions;

 

 

II.

The manner and process by which it ensures that a teacher registration system and professional standards are maintained to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children;

 

 

III.

The composition of the Board;

 

 

IV.

The manner and process by which evidence is gathered and presented to the Board, including the representation of parties to proceedings; and

 

 

V.

Any other relevant matters - (September 26) - (The Hon. I. K. Hunter).

 

 

9.

Statutes Amendment (Water Conservation Target and Sustainable Water Resources) Bill (No. 63):  adjourned debate on second reading - (September 12) - (The Hon. J. M. Gazzola)5.

 

10.

Building and Construction Industry Security of Payment Bill (No. 64):  adjourned debate on second reading - (September 12) - (The Hon. J. M. Gazzola)2.

 

11.

Adjourned debate on motion of the Hon. J.M.A. Lensink - That the Regulations made under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed - (September 12) - (The Hon. I. K. Hunter).

 

12.

Adjourned debate on motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia, be noted - (September 12, 26) - (The Hon. I. K. Hunter).

 

13.

Adjourned debate on motion of the Hon. J. M. Gazzola - That the Report of the Aboriginal Lands Parliamentary Standing Committee on an Inquiry into the Impact of Australian Government Changes to Municipal Services Funding upon four Aboriginal Communities in South Australia, be noted - (September 12) - (The Hon. R. P. Wortley).

 

14.

Nuclear Waste Storage Facility (Prohibition) (Prohibition of Other Nuclear Facilities) Amendment Bill (No. 57):  adjourned debate on second reading - (August 1) - (The Hon. B. V. Finnigan)5.

 

15.

Statutes Amendment (Play Tracking Technology) Bill (No. 58):  adjourned debate on second reading - (August 1) - (The Hon. B. V. Finnigan)2.

 

16.

Statutes Amendment (Location of Gaming Venues) Bill (No. 59):  adjourned debate on second reading - (August 1) - (The Hon. D.G.E. Hood)2.

 

17.

Summary Offences (Medical Examination of Suspects) Amendment Bill (No. 60):  adjourned debate on second reading - (August 1) - (The Hon. J. M. Gazzola)2.

 

18.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council condemns the Rann Government for its arrogance and inappropriate and unacceptable behaviour - (August 1) - (The Hon. J. M. Gazzola).

 

19.

Independent Commission Against Crime and Corruption Bill (No. 61):  adjourned debate on second reading - (August 1, September 26) - (The Hon. I. K. Hunter)4.

 

20.

Parliamentary Remuneration (Basic Salary Determinations) Amendment Bill (No. 50):  adjourned debate on second reading - (July 25) - (The Hon. J. M. Gazzola)5.

 

21.

Adjourned debate on motion of the Hon. M. C. Parnell - That this Council notes the covering letter accompanying the recently released South Australian Greenhouse Strategy - (August 1) - (The Hon. J. M. Gazzola).

 

22.

Education (Parental Notification of Non-attendance) Amendment Bill (No. 51):  adjourned debate on second reading - (July 25) - (The Hon. B. V. Finnigan)1.

 

23.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council notes -

 

I.

That the Legislative Assembly in Western Australia, on 21 June 2007, agreed to the recommendations of a Privileges Committee into the leaking of a Chairman’s draft report of a Parliamentary Committee without authorisation of the Committee.

 

 

II.

That the Legislative Assembly -

 

 

 

(a)

found the Chair of the Committee guilty of contempt of Parliament in that he had deliberately disclosed confidential proceedings of the Committee by releasing a Chairman’s draft report without authorisation;

 

 

 

(b)

disqualified the Chair of the Committee from membership of any Parliamentary Committee for the remainder of the 37th Parliament;

 

 

 

(c)

suspended the Chair of the Committee from the service of the House for a period of seven sitting weeks or 21 sitting days, whichever is the longer;

 

 

 

(d)

banned the Chair of the Committee from entering the Parliamentary precincts until the above suspension period had expired.

 

 

III.

That the contents of this motion be conveyed to the Hon Russell Wortley, M.L.C., Chairman of the Select Committee on the Atkinson/Ashbourne/Clarke Affair - (July 25) - (The Hon. J. M. Gazzola).

 

 

24.

The Hon. D. W. Ridgway to move -

 

I.

That a Select Committee be appointed to inquire into and report on the staffing, resourcing and efficiency of the South Australia Police (SAPOL) with particular reference to:

 

 

 

(a)

resource utilisation;

 

 

 

(b)

rural policing;

 

 

 

(c)

the need for, and allocation of, minimum staffing levels;

 

 

 

(d)

effectiveness of recruitment and retention of police personnel;

 

 

 

(e)

recruitment and in service training resources and requirements;

 

 

 

(f)

selection and promotion processes and policies;

 

 

 

(g)

adequacy and standard of equipment;

 

 

 

(h)

mechanisms for dealing with internal complaints;

 

 

 

(i)

prosecution;

 

 

 

(j)

the role of police in and the adequacy of crime prevention programmes throughout South Australia; and

 

 

 

(k)

other relevant matters.

 

 

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 reported to the Council.

 

 

IV.

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.

 

 

25.

Summary Offences (Piercing and Scarification) Amendment Bill (No. 43):  adjourned debate on second reading - (June 20, July 25) - (The Hon. J. M. Gazzola)1.

 

26.

Tobacco Products Regulation (Outdoor Eating Areas) Amendment Bill (No. 34):  adjourned debate on second reading - (June 6, September 12) - (The Hon. I. K. Hunter)1.

 

27.

Passenger Transport (Disciplinary Powers) Amendment Bill (No. 35):  adjourned debate on second reading - (June 6, September 26) - (The Hon. I. K. Hunter)1.

 

28.

Roxby Downs (Indenture Ratification) (Application of Acts) Amendment Bill (No. 36):  adjourned debate on second reading - (June 6, September 26) - (The Hon. I. K. Hunter)5.

 

29.

Environment Protection (Commissioner for the Environment) Amendment Bill (No. 37):  adjourned debate on second reading - (June 6) - (The Hon. J. M. Gazzola)4.

 

30.

Summary Offences (Schoolies Events) Amendment Bill (No. 52):  adjourned debate on second reading - (July 25, September 12) - (The Hon. I. K. Hunter)3.

 

31.

Adjourned debate on motion of the Hon. M. C. Parnell - That the Regulations under the Native Vegetation Act 1991 concerning Clearance Exemptions, made on 29 March 2007 and laid on the Table of this Council on 24 April 2007, be disallowed - (August 1) - (The Hon. B. V. Finnigan).

 

32.

The Hon. D. W. Ridgway to move - That this Council condemns the Premier for supporting the Federal Labor policy at the recent Labor conference (to ban individual workplace agreements) and notes that -

 

I.

in the first twelve months of the operation of WorkChoices, 24,606 South Australians have already made the work choice of brokering and signing an individual workplace agreement with their employer enshrining mutually agreeable flexibility into their employer employee relationship;

 

 

II.

the resources sector has identified that individual workplace agreements provide efficiency gains of between 25-30% in the mining industry; and

 

 

III.

in the resources sector, individual workplace agreements have provided for significant wage improvements with a premium of 30% compared to awards;

 

 

And calls on the Premier to join with his counterpart, Western Australian Premier, Alan Carpenter, to publicly condemn the Federal Labor anti-AWA stand because of its potential impact on South Australia’s burgeoning mining industry and other workers’ free choice.

 

 

33.

Statutes Amendment (Gambling Regulation) Bill (No. 19):  adjourned debate on second reading - (May 30, June 6) - (The Hon. J. M. Gazzola)2.

 

 

34.

Adjourned debate on motion of the Hon. S. M. Kanck - That the Regulations under the Upper South East Dryland Salinity and Flood Management Act 2002, concerning Project Works Scheme, made on 10 May 2007 and laid on the Table of this Council on 29 May 2007, be disallowed - (May 30) - (The Hon. D. W. Ridgway).

 

 

35.

Tobacco Products Regulation (Indirect Orders) Amendment Bill (No. 20):  adjourned debate on second reading - (May 30) - (The Hon. I. K. Hunter)4.

 

 

36.

Controlled Substances (Cultivation of Controlled Plants) Amendment Bill (No. 21):  adjourned debate on second reading - (May 30, June 20, July 25) - (The Hon. I. K. Hunter)1.

 

 

37.

Gaming Machines (Hours of Operation) Amendment Bill (No. 22):  adjourned debate on second reading - (May 30, July 25) - (The Hon. I. K. Hunter)1.

 

 

38.

Criminal Law Consolidation (Reasonable Chastisement of Children) Amendment Bill (No. 23):  adjourned debate on second reading - (May 30, July 25) - (The Hon. I. K. Hunter)1.

 

 

39.

Monitored Treatment Programs Bill (No. 24):  adjourned debate on second reading - (May 30, June 20) - (The Hon. I. K. Hunter)3.

 

 

40.

Statutes Amendment (Gangs) Bill (No. 25):  adjourned debate on second reading - (May 30, September 12, September 26) - (The Hon. I. K. Hunter)3.

 

 

41.

Summary Offences (Drug Testing on Arrest) Amendment Bill (No. 26):  adjourned debate on second reading - (May 30, July 25, September 26) - (The Hon. I. K. Hunter)3.

 

 

42.

Motor Vehicles (Drug Testing of Learner Drivers) Amendment Bill (No. 27):  adjourned debate on second reading - (May 30, September 26) - (The Hon. I. K. Hunter)3.

 

 

43.

Security and Investigation Agents (Crowd Controller Licence Suspension) Amendment Bill (No. 28):  adjourned debate on second reading - (May 30, September 12) - (The Hon. B. V. Finnigan)3.

 

 

44.

Adjourned debate on motion of The Hon. J.M.A. Lensink - That this Council expresses its grave concern at the Government’s failure to provide ongoing funding for non-Government mental health providers - (May 2) - (The Hon. I. K. Hunter).

 

45.

Adjourned debate on motion of The Hon. S. G. Wade - That the Legislative Council, at the Sesquicentenary of Responsible Government, acknowledges the contribution of Members of the Parliament of South Australia who have served and continue to serve with a disability and commits itself to promoting the full participation of people with a disability in the life of the Parliament and the State - (May 2) - (The Hon. I. K. Hunter).

 

46.

Victims of Crime (Victim Participation) Amendment Bill (No. 12):  in Committee2.

 

47.

Road Traffic (Previous Convictions) Amendment Bill (No. 13):  in Committee2.

 

48.

Gaming Machines (Club One) Amendment Bill (No. 14):  in Committee2.

 

49.

Lottery and Gaming (Betting on Losing) Amendment Bill (No. 15):  in Committee2.

 


†Restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934.

50.

Road Traffic (Compulsory Blood Tests) Amendment Bill (No. 16):  adjourned debate on second reading - (May 2, 30) - (The Hon. I. K. Hunter)2.

 

51.

Education (Random Drug Testing) Amendment Bill (No. 17):  in Committee3.

 

52.

Adjourned debate on motion of The Hon. R. I. Lucas - That this Council notes the recent Australian Electoral Commission disclosure returns and other related matters - (May 2) - (The Hon. R. I. Lucas).

 

 

Orders  of  the  Day:  Government  Business -

 

*1.

Prince Alfred College Incorporation (Constitution of Council) Amendment Bill (No. 73):  in Committee.

 

2.

Development (Regulated Trees) Amendment Bill (No. 8):  in Committee - clause 4 - (September 11).

 

*3.

Occupational Health, Safety and Welfare (Penalties) Amendment Bill (No. 31):  adjourned debate on second reading - (May 31, July 26, 31) - (The Hon. bv. Finnigan).

 

*4.

Criminal Assets Confiscation (Serious Offences) Amendment Bill (No. 39):  in Committee - clause 1 - (July 25).

 

*5.

Statutes Amendment (Transition to Retirement - State Superannuation) Bill (No. 47):  in Committee.

 

*6.

Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill (No. 53):  in Committee - clause 1 - (August 1).

 

7.

Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill (No. 55):  adjourned debate on second reading - (July 31, October 16) - (The Hon. R. P. Wortley).

 

*8.

Collections for Charitable Purposes (Miscellaneous) Amendment Bill (No. 56):  in Committee.

 

*9.

Victims of Crime (Commissioner for Victims’ Rights) Amendment Bill (No. 66):  adjourned debate on second reading - (September 12) - (The Hon. D. W. Ridgway).

 

10.

Tobacco Products Regulation (Miscellaneous) Amendment Bill (No. 67):  adjourned debate on second reading - (September 25) - (The Hon. J.M.A. Lensink).

 

*11.

Statutes Amendment (Victims of Crime) Bill (No. 68):  adjourned debate on second reading - (September 25) - (The Hon. S. G. Wade).

 

12.

Motor Vehicles (Miscellaneous) Amendment Bill (No. 70):  adjourned debate on second reading - (September 26) - (The Hon. S. G. Wade).

 

*13.

Electricity (Feed-In Scheme - Residential Solar Systems) Amendment Bill (No. 71):  adjourned debate on second reading - (September 26) - (The Hon. D. W. Ridgway).

 

*14.

Rail Safety Bill (No. 72):  adjourned debate on second reading - (September 26) - (The Hon. D. W. Ridgway).

 

*15.

National Electricity (South Australia) (National Electricity Law - Miscellaneous Amendments) Amendment Bill (No. 75):  adjourned debate on second reading - (October 16) - (The Hon. D. W. Ridgway).

 

*16.

Australian Energy Market Commission Establishment (Consumer Advocacy Panel) Amendment Bill (No. 76):  adjourned debate on second reading - (October 16) - (The Hon. D. W. Ridgway).

 

†Restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934.
*Received from House of Assembly.

WEDNESDAY  21  NOVEMBER  2007

 

 

 

Orders  of  the Day:  Private  Business -

 

1.

Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water:  Report to be brought up.

 

2.

Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia:  Report to be brought up.

 

3.

Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004:  Report to be brought up.

 

4.

Select Committee on the Atkinson/Ashbourne/Clarke Affair:  Report to be brought up.

 

5.

Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School:  Report to be brought up.

 

6.

Select Committee on Families SA:  Report to be brought up.

 

7.

Budget and Finance Committee:  Report to be brought up.

 

8.

Select Committee on SA Water:  Report to be brought up.

 

___________

 

 

 

 

Contingent  Notices  of  Motion -

 

1.

Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Minister for Police to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

2.

Contingently, on the second reading of the Victims of Crime (Victim Participation) Amendment Bill being moved, or on the Bill being reported, The Hon. N. Xenophon to move - That it be an instruction to the Committee of the whole Council on the Bill that it have power to consider a Schedule in relation to an amendment to the Criminal Law (Sentencing) Act 1988.

 

 

 

J. M. DAVIS,
Clerk of the Legislative Council.

 

 

Member in charge of Bill -

1Hon. D.G.E. Hood
2Hon. N. Xenophon
3Hon. A. M. Bressington
4Hon. S. M. Kanck
5Hon. M. C. Parnell