SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  17  FEBRUARY  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 5.

                 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 Third Session of the 51st Parliament, viz.:

                 No. 1 of 2009 - An Act to amend the Development Act 1993.

                 No. 2 of 2009 - An Act to provide for the protection of plants from pests, the regulation of the movement of plants into, within and out of the State, and the control, destruction and suppression of pests; to repeal the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934; to make related amendments to other Acts; and for other purposes.

                 No. 3 of 2009 - An Act to amend the South Australian Country Arts Trust Act 1992.

Government House, Adelaide, 17 February 2009.                                   KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

The President laid on the Table the Minutes of the Assembly of Members of the two Houses held on Tuesday, 17 February 2009, to fill a vacancy in the Legislative Council caused by the resignation of the Hon. S. M. Kanck.

                 Ordered to be printed.  (Paper No. 219)

 

Legislative Council
Vacancy.
Assembly of
Members of the
two Houses -
Minutes.

 

   4.

The President informed the Council that he held a Commission from His Excellency the Governor authorising him to administer the Oath or Affirmation to Members of the Legislative Council.

 

Commission to
Swear.

   5.

The President produced a letter from the Clerk of the Assembly notifying that the Assembly of Members of both Houses of Parliament had elected Mr. D. N. Winderlich to fill the vacancy in the Legislative Council caused by the resignation of the Hon. S. M. Kanck.

                 The Affirmation of Allegiance was then administered to, and subscribed by, the Hon. D. N. Winderlich who then signed the Roll pursuant to Standing Order No. 28.

 

Notification of
Election of
New Member -
Member Sworn -
Hon.
D. N. Winderlich.

   6.

The Minister for Mineral Resources Development, by leave, moved - That the Legislative Council expresses its sadness at the tragic bushfires that devastated Victoria on 7 February 2009; extends its deepest sympathies to the families and friends of those who died, or who are still missing; sends its condolences to all those affected by the fires; commends the selfless and heroic efforts of all emergency services personnel who have responded to the crisis; pledges its moral and practical support to everyone involved in the rescue and recovery effort, and to the rebuilding of lives and communities; and, as a mark of respect to the memories of those who perished, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. D. W. Ridgway, the Hon. D.G.E. Hood, the Minister for Correctional Services (The Hon. C. Zollo), the Hon. S. G. Wade, the Minister for State/Local Government Relations (The Hon. G. E. Gago), the Hon. M. C. Parnell, The Hon.
R. L. Brokenshire, the Hon. A. M. Bressington, the Hon. B. V. Finnigan, the Hon.
C. V. Schaefer, the Hon. J. A. Darley and the President:

                 Motion carried in silence, Members standing in their places.

 

Victorian Bushfires.

   7.

At fourteen minutes past three o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to four o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   8.

Answer to Question on Notice No. 261 of last Session received this day, was tabled by the President who directed that it be distributed and printed in Hansard .

 

Answer to
Question on
Notice.

   9.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice concerning the appointment of a Member on the Natural Resources Committee.

                 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.

 

     

                 The Minister for Mineral Resources Development then moved - That pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. D. N. Winderlich be appointed to the Natural Resources Committee in place of the Hon. S. M. Kanck, resigned.

                 Question put and passed.

 

Natural Resources
Committee -
Substitution of
Member.

 

  10.

The Hon. B. V. Finnigan brought up the Report of the Statutory Authorities Review Committee, 2007-2008.

                Ordered - That the Report be printed.  (Paper No. 218)

 

Statutory Authorities
Review Committee -
Report, 2007-2008.

  11.

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

        By the Minister for Mineral Resources Development -

                 Reports, 2007-2008 -

                          Electricity Industry Superannuation Scheme.

                          Metropolitan Fire Service South Australia - Superannuation Scheme.

                 Regulation under the following Act -

                          Associations Incorporation Act 1984 - Fees.

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

                 West Beach Trust - Report, 2007-2008.

        By the Minister for Correctional Services -

                 Australian Crime Commission - Report, 2007-2008.

                 Regulation under the following Act -

                          WorkCover Corporation Act 1994 - Claims Management - Contractual Arrangements.

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

                 Rules under Acts -

                          Authorised Betting Operations Act 2000 - Bookmakers Licensing.

        By the Minister for State/Local Government Relations -

                 Reports, 2007-2008.

                          Gawler Health Service.

                          Loxton Hospital Complex Inc.

                          South Coast District Hospital Inc. Incorporating the Southern Fleurieu Health Service.

                          Strathalbyn and District Health Service.

                          Yorke Peninsula Health Service Inc.

                 Adelaide Festival Centre Trust - Charter.

Papers.

 

                 District Council By-laws -

                          Flinders Ranges -

                                   No. 4 - Waste Management.

                          Port Pirie -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Local Government Land.

                                   No. 4 - Roads.

                                   No. 5 - Dogs.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term -

                                   Naracoorte.

                                   Strathalbyn.

 

 

  12.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (the Hon. J. W. Weatherill, M.P.) concerning the Review of Code of Practice for the Management of Native Vegetation to Reduce the Impact of Bushfire.

 

Ministerial
Statement Tabled.

  13.

The Minister for Correctional Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. M. J. Wright, M.P.) concerning the Victorian Bushfires.

 

Ministerial
Statement Tabled.

14.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  15.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Mount Gambier Hospital Hydrotherapy Pool Fund Bill be now read a second time:

                 Debate resumed.

                 During debate, the Hon. A. M. Bressington tabled various documents relating to the Mount Gambier Hospital Hydrotherapy Pool.

                 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 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.

 

Mount Gambier
Hospital

Hydrotherapy Pool
Fund Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Standard Time 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.

 

Standard Time Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 Correctional Services, 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.

 

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Kapunda Hospital (Variation of Trust) 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. 4 agreed to.

                          Preamble 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 State/Local Government Relations, 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.

 

Kapunda Hospital
(Variation of Trust) Bill.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio - Alcohol and Drugs) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
(Transport Portfolio -
Alcohol and Drugs)
Bill.

20.

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.

 

21.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio - Alcohol and Drugs) Bill be now read a second time - be now resumed.

                 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. 5 agreed to.

                          Clause No. 6 read.

Statutes Amendment
(Transport Portfolio -
Alcohol and Drugs)
Bill.

 

 

                 The Hon. J. A. Darley moved, on page 6, after line 28, to insert the following:

“(4)      Section 70(4)—delete "5 years" and substitute:

10 years”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clause No. 30 agreed to.

                          Clause No. 31 amended and agreed to.

                          Clause No. 32 agreed to.

                          Clause No. 33 amended and agreed to.

                          Clause No. 34 agreed to.

                          Clause No. 35 amended and agreed to.

                          Clauses No. 36 to No. 40 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 Correctional Services, 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.

 

 

22.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

23.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

24.

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

                 Debate resumed.

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

 

Architectural Practice
Bill.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Investigation (Covert Operations) Bill be now read a second time:

                 Debate resumed.

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

 

Criminal
Investigation
(Covert Operations)
Bill.

  26.

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

                 Debate resumed.

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

 

Fair Trading
(Telemarketing)
Amendment Bill.

27.

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

 

Postponement
of Business.

28.

Council adjourned at fourteen minutes to 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