SOUTH AUSTRALIA]

No. 43

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  17  JUNE  2009

 

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

   2.

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

 

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

 

    3.

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

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Parole Board of South Australia - Report, 2007-2008.

 

Papers.

    4.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. A. Koutsantonis, M.P.) concerning Matters Arising from the October 2008 Port Augusta Prison Riot.

 

Ministerial
Statement Tabled.

   5.

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

 

Statements on
Matters of Interest.

   6.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

   7.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Regulations under the Workers Rehabilitation and Compensation Act 1986 concerning Claims and Registration - Discontinuance Fee, made on 26 March 2009 and laid on the Table of this Council on 7 April 2009, be disallowed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 15 July 2009.

 

Workers
Rehabilitation and
Compensation Act -
Regulations -
Claims and
Registration -
Discontinuance Fee -
Motion for
Disallowance of.

 

   8.

The Hon. D. N. Winderlich, by leave, moved Notice of Motion (Private Business) No. 3 in an amended form, viz.: That this Council -

               I.      Remembers that at least 40,000 Timorese civilians were killed as a result of their assistance to Australia in the Second World War;

             II.      Regrets that there has been no official recognition of the role of the Timorese in assisting Australia in World War II;

            III.      Notes that the United Kingdom awarded the Island of Malta the George Cross on 15 April 1942 to honour the courage of its people;

            IV.      Supports the call by the Mary Mackillop East Timor Mission for the Nation of East Timor to be given the Award of the Companion of the Order of Australia for the extraordinary service rendered by the Timorese people to Australia during World War II; and

             V.      Conveys its support for the awarding of the Companion of the Order of Australia to the Australian Honours Secretariat in Canberra.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Timorese Assistance
to Australia in
World War II -
Recognition of -
Motion re.

   9.

The Hon. D. N. Winderlich, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Serious and Organised Crime Control Act 2008.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. N. Winderlich then moved - That the Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 15 July 2009.

 

Serious and
Organised Crime
(Control) (Close
Personal Associates)
Amendment Bill.

10.

Ordered - That Notice of Motion (Private Business) No. 5 be postponed and taken into consideration after Notice of Motion (Private Business) No. 6.

 

Postponement
of Business.

11.

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

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

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

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Closure of Italian
Consulate -
Motion re.

 

12.

The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on an Inquiry into Bogus, Unregistered and Deregistered Health Practitioners, be noted.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Social Development
Committee - Report
on Inquiry into
Bogus, Unregistered
and Deregistered
Health Practitioners,
be noted -
Motion re.

 

13.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to repeal the Administrative Decisions (Effect of International Instruments) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That the Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Administrative
Decisions
(Effect of
International
Instruments) Act
Repeal Bill.

14.

The Hon. A. M. Bressington, by leave, moved Notice of Motion (Private Business) No. 8 in an amended form, viz.: That this Council urges-

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

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

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

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Community
Television -
Motion re.

  15.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the New Pandemic Phase of Swine Influenza in South Australia.

 

Ministerial
Statement Tabled.

16.

At two minutes 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.

 

17.

Ordered - That Notices of Motion (Private Business) No. 9 and No. 10, Orders of the Day (Private Business) No. 1 to No. 65 and Orders of the Day (Government Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the National Electricity (South Australia) (National Electricity LawAustralian Energy Market Operator) 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.

 

National Electricity
(South Australia)
(National Electricity
LawAustralian
Energy Market
Operator)
Amendment Bill.

 

19.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That the Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Development
(Regulated Trees)
Amendment Bill.

  20.

Order of the Day read for the Report of the Select Committee on Collection of Property Taxes by State and Local Government, including Sewage Charges by SA Water, to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Collection of
Property Taxes by
State and Local
Government,
including Sewage
Charges by
SA Water.

 

21.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004, to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Allegedly Unlawful
Practices Raised in
the Auditor-
General’s Report,
2003-2004.

 

22.

Order of the Day read for the Report of the Select Committee on Families SA to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Families SA.

23.

Order of the Day read for the Report of the Select Committee on SA Water to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
SA Water.

24.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

25.

Order of the Day read for the Report of the Budget and Finance Committee to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Budget and Finance
Committee.

26.

Order of the Day read for the Report of the Select Committee on Conduct of PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Conduct of PIRSA in
Fishing of Mud
Cockles in Marine
Scalefish and Lakes
and Coorong Pipi
Fisheries.

 

27.

Order of the Day read for the Report of the Select Committee on Tax-Payer Funded Government Advertising Campaigns to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Tax-Payer Funded
Government
Advertising
Campaigns.

 

28.

Order of the Day read for the Report of the Select Committee on Taxi Industry in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Taxi Industry in
South Australia.

29.

Order of the Day read for the Report of the Select Committee on Certain Matters Relating to Horse Racing in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 18 November 2009.

 

Select Committee on
Certain Matters
Relating to Horse
Racing in South
Australia.

  30.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 15 be Orders of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Waste Collection) 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. 6 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 Mineral Resources Development, 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.

 

Local Government
(Waste Collection)
Amendment Bill.

  32.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 19 be Orders of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

33.

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

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 15 July 2009.

 

Whistleblowers
Protection
(Miscellaneous)
Amendment Bill.

  34.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 43 be Orders of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

  35.

On the Order of the Day being read for the adjourned debate on the question - That the Report,
2007-2008, of the Natural Resources Committee on Upper South East Dryland Salinity and Flood Management Act 2002, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Upper
South East Dryland
Salinity and Flood
Management Act
2002 - Report
2007-2008, be noted -
Motion re.

 

  36.

Ordered - That Orders of the Day (Private Business) No. 45 to No. 49 be Orders of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

  37.

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

                 Debate resumed.

                 And the Hon. B. V. Finnigan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 15 July 2009.

 

Coroners
(Recommendations)
Amendment Bill.

  38.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 15 July 2009.

 

Postponement
of Business.

  39.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

40.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 74 from the House of Assembly relating to the Waterworks (Rates) Amendment Bill.

 

In the Committee

 

                 The Minister for Mineral Resources Development moved - That the amendment be not insisted on.

                 The Hon. M. C. Parnell moved - That the Council no longer insists on its amendment but makes the following amendment in lieu thereof:

                 “Schedule 1, clause 1, page 6, after line 27 [Schedule 1, clause 1]—

Insert:

      (7)       In addition, water rates for the 2010/2011 financial year must be fixed by the Minister on or before 7 December 2009 (and section 65CAA(1)(a) of the principal Act, as inserted by this Act, will not apply with respect to the 2010/2011 financial year).

      (8)       Subclause (7) does not apply to a charge or rate within the ambit of section 65CAA(1)(b) of the principal Act, as inserted by this Act.”.

                 Question - That the amendment be insisted on - put and negatived.

                 Question - That the alternative amendment moved by the Hon. M. C. Parnell be agreed to - put and passed.

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

Waterworks (Rates)
Amendment Bill.

 

41.

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

Message No. 75

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Mineral Resources Development (the Hon. P. Holloway) and the Minister for State/Local Government Relations (the Hon. G. Gago), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 17 June 2009.                                                            J. J. SNELLING, Speaker.

                 Resolved - on motion of the Minister for Mineral Resources Development - That the Minister for Mineral Resources Development and the Minister for State/Local Government Relations have leave to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

 

Message from
House of Assembly:
Estimates
Committees of the
House of Assembly -
Legislative Council
Ministers leave to
attend.

42.

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

 

Next Day of Sitting.

43.

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

 

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