SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  16  FEBRUARY  2005

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

Answer to Question on Notice No. 27 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

 

    3.

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

       By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 National Environment Protection Council - Report, 2003-2004.

 

Paper.

 

   4.

The Hon. J. M. Gazzola brought up the Fourteenth Report, 2004-2005, of the Legislative Review Committee.

Legislative
Review
Committee -
Fourteenth Report,
2004-2005.

 

 

   5.

The Minister for Industry and Trade (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning Biodiesel Buses and Trains.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her question to him and for the Minister to complete his reply.

                 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 Industry and Trade tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning WorkCover.

 

Ministerial
Statement Tabled.

 

   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.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

  10.

Ordered - That Notices of Motion (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

  11.

The Hon. I. Gilfillan, pursuant to notice, moved - That this Council -

              I.      Notes with sympathy the disastrous Eyre Peninsula bushfire of January 2005 that caused the deaths of nine people and a heavy loss of private and public property.

             II.      Requests that the Government of South Australia undertakes an independent Inquiry into the preparation for and operational response to those bushfires by South Australia’s emergency services in order to identify improvements that might enhance the capacity to respond effectively to large scale events of that kind that can be implemented prior to the next fire season.

(a)     That the terms of reference for the Inquiry be to examine and report on the adequacy of the response to the bushfires by the SA Department of Justice and its components (CFS, MFS, ESAU, SES, SAPOL) and other relevant agencies, including EnvironmentSA, with particular reference to -

   (i)      the preparation, planning and response to the bushfires and of strategies for the evaluation and management of bushfire threat and risk;

  (ii)      CFS’s management structure, command and control arrangements and public information strategy;

(iii)      the coordination and cooperative arrangements with local government, other South Australian, interstate, Commonwealth and non-government agencies, including utility providers, for managing such emergencies; and

(iv)      the adequacy of CFS’s equipment, communication systems, training and resources.

(b)    In undertaking its work, the Inquiry team should consult closely with the Coroner conducting inquests into the deaths caused by the bushfires to avoid any interference with the process of inquiry being directed by him.

(c)     The Inquiry should report by 30 June 2005 in order that relevant recommendations resulting from the Inquiry may be fully implemented prior to the onset of the 2005-2006 bushfire season.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 2 March 2005.

 

Independent Inquiry
into Response by
Emergency Services
to
Eyre Peninsula
Bushfires.

 

12.

The N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The N. Xenophon then moved - That this Bill be now read a second time.

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

 

Summary Offences
(Ticket Scalping)
Amendment Bill.

 

  13.

Ordered - That Notice of Motion (Private Business) No. 10 be an Order of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

  14.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on Waste Management, be noted:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 2 March 2005.

 

Environment,
Resources and
Development
Committee -
Report on Waste
Management
be noted -
Motion re.

 

 

  16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee, 2003-2004, be noted:

                 Debate resumed.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report, 2003-2004,
be noted -
Motion re.

 

  17.

Ordered - That Orders of the Day (Private Business) No. 7 to No. 10 be Orders of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

  18.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003, be noted:

                 Debate ensued.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report
on the Occupational
Health, Safety and
Welfare (Safework
SA) Amendment
Bill be noted -
Motion re.

 

 

19.

At one minute 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.

 

  20.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report
on the Occupational
Health, Safety and
Welfare (Safework
SA) Amendment
Bill be noted -
Motion re.

 

 

  21.

Ordered - That Orders of the Day (Private Business) No. 12 to No. 14 be Orders of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Third Party Liability) 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 Wednesday, 2 March 2005.

 

Workers
Rehabilitation and
Compensation (Third
Party Liability)
Amendment Bill.

 

  23.

Ordered - That Orders of the Day (Private Business) No. 16 to No. 23 be Orders of the Day for Wednesday, 2 March 2005.

.

 

Postponement
of Business.

 

24.

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

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 2 March 2005.

 

Human Rights Bill.

 

  25.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for Wednesday, 2 March 2005.

 

Postponement
of Business.

 

26.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Electricity (South Australia) Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry and Trade 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.

 

National Electricity
(
South Australia)
(New National
Electricity Law)
Amendment Bill.

 

27.

The Minister for Industry and Trade, according to order, moved - That the Podiatry Practice Bill be now read a second time.

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

 

Podiatry Practice
Bill.

 

 

28.

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

 

Postponement
of Business.

 

29.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                                   Clause No. 22 further considered.

                          The Hon. R. D. Lawson moved on page 12, lines 9 and 10, to leave out subsection (2).

                          Question - That the amendment be agreed to - put.

Industrial Law
Reform (
Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 22 agreed to.

                                   Clauses No. 23 to No. 30 agreed to.

                                   Clause No. 31 read.

                          The Hon. R. D. Lawson moved on page 15, lines 15 to 17, to leave out subsection (1), and lines 35 to 40, to leave out subsection (7).

                          Question - That the amendments be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          The Hon. I. Gilfillan moved on page 17, after line 13, to insert the following:

 “72C—Special contribution relating to parental leave

(1)     This section applies to an employee who takes parental leave in terms of the minimum standard under section 72 rather than under a contract, award or enterprise agreement that provides for paid leave that is more favourable than the employee's entitlement under this section.

(2)     Subject to this section, an employee to which this section applies is entitled to the payment of an amount as follows:

(a)     in the case of an employee who takes 4 or more weeks' parental leave—an amount calculated as follows:

         A = 4 x MW

(b)    in the case of an employee who takes less than 4 weeks' parental leave—an amount calculated as follows:

         A =  LT (4 x MW)

                              4

         where—

 

 

 

         A is the amount of the entitlement

         LT is the amount of parental leave taken, expressed in weeks to 1 decimal point

         MW is—

(a)     in the case of a full-time employee (as determined immediately before the commencement of the leave)—the minimum wage that applies to a person of the employee's age under the minimum standard for remuneration for working ordinary hours in a week;

(b)    in the case of a part-time or casual employee (as determined immediately before the commencement of the leave)—the minimum wage that applies to a person of the employee's age under the minimum standard for remuneration for work in a week assuming the person worked, in the week, the average number of hours per week worked by the employee over the preceding period of 12 months (as determined immediately before the commencement of the leave).

(3)     A person's entitlement to a payment under this section is reduced by the amount of any payment also made under this section to the person's spouse with respect to the birth (or expected birth) of the same child.

(4)     An application for a payment under this section is to be made to the Minister.

(5)     An application—

(a)     must be in a form approved by the Minister; and

(b)    must contain the information required by the Minister.

(6)     An applicant must provide the Minister with any further information the Minister requires to determine the application.

(7)     Information provided by an applicant in or in relation to an application must, if the Minister so requires, be verified by statutory declaration or supported by other information required by the Minister.

(8)     A person must not provide information in relation to an application that is false or misleading in a material particular.

          Maximum penalty: $5 000.

(9)     If or when a person has made due application under this section, the amount payable will be taken to be a monetary claim due to the applicant from the Minister (and the Court has jurisdiction to determine the claim).

(10)   The Minister may make a payment under this section by electronic funds transfer, by cheque or in any other way the Minister thinks appropriate.

(11)   The Minister may delegate to a person (including a person for the time being holding or acting in a specified office) a function or power of the Minister under this section.

(12)   A delegation—

(a)     must be by instrument in writing; and

(b)    may be absolute or conditional; and

(c)     does not derogate from the ability of the Minister to act in any matter; and

(d)    is revocable at will.

(13)   A function or power delegated under subsection (11) may, if the instrument of delegation so provides, be further delegated.”

                          Question - That the amendment be agreed to.

 

 

 

             Committee divided:

Ayes, 4

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Clause No. 31, as amended, agreed to.

                                   Clause No. 32 read.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

30.

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

 

Postponement
of Business.

 

31.

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

 

Next Day
of Sitting.

 

32.

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

Message No. 32

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Gaming Machines Act 1992, the Liquor Licensing Act 1997 and the Security and Investigation Agents Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 February 2005.                                                                 I. P. LEWIS, 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:
Statutes Amendment
(Liquor, Gambling
and Security
Industries) Bill.

 

 

33.

Council adjourned at five minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo