SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  17  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.

The Hon. J. M. Gazzola brought up the Eighth Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Eighth Report,
2007.

 

   3.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Premier’s Special Adviser on Drought.

 

Ministerial
Statement Tabled.

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Auditor-General’s Report and State Finances.

 

Ministerial
Statement Tabled.

   5.

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

 

Statements on
Matters of Interest.

   6.

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

 

Postponement
of Business.

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Prince Alfred College Incorporation (Constitution of Council) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 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 Emergency 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.

 

Prince Alfred
College
Incorporation
(Constitution of
Council)
Amendment Bill.

   8.

The Hon. A. M. Bressington, pursuant to notice, moved - 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.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

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

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.

   9.

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

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

National Parks and
Wildlife (Mining in
Sanctuaries)
Amendment Bill.

10.

The Hon. D. W. Ridgway, pursuant to notice, moved -

            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.

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

 

Statutory Authorities
Review Committee
to inquire into
WorkCover
Corporation of
South Australia -
Motion re.

 

11.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

12.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

13.

Ordered - That Orders of the Day (Private Business) No. 7 to No. 10 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

  14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Regulations 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:

                 Debate resumed.

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

 

Prevention  of
Cruelty to Animals
Act - Regulations -
Rodeos - Motion for
disallowance of.

15.

Ordered - That Orders of the Day (Private Business) No. 12 and No. 13 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition) (Prohibition of Other Nuclear Facilities) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Nuclear Waste
Storage Facility
(Prohibition)
(Prohibition of Other
Nuclear Facilities)
Amendment Bill.

17.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 37 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Reasonable Chastisement of Children) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Reasonable
Chastisement
of Children)
Amendment Bill.

19.

Ordered - That Orders of the Day (Private Business) No. 39 to No. 52 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

20.

At one minute 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.

 

Suspension and
Resumption of
Sitting.

 

21.

Ordered - That the adjourned debate on the motion of the Hon. R. P. Wortley - That the Annual Report of the Natural Resources Committee, 2006-2007, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Annual
Report, 2006-2007,
be noted -
Motion re.

 

22.

Ordered - That the adjourned debate on the 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 now resumed.

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Kangaroo Island
Natural Resources
Management Board
Levy Proposal
2007-2008, be noted -
Motion re.

 

23.

Ordered - That the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on Northern and Yorke Peninsula Natural Resources Management Board Levy Proposal, 2007-2008 - be now resumed.

                 Debate resumed.

                 Question put and passed.

Natural Resources
Committee - Report
on Northern and
Yorke Peninsula
Natural Resources
Management Board
Levy Proposal
2007-2008, be noted -
Motion re.

 

24.

Ordered - That the adjourned debate on the 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 now resumed.

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on South East
Natural Resources
Management Board
Levy Proposal
2007-2008, be noted -
Motion re.

 

25.

Ordered - That the adjourned debate on the 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 now resumed.

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Eyre Peninsula
Natural Resources
Management Board
Levy Proposal
2007-2008, be noted -
Motion re.

 

26.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

27.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Collections for Charitable Purposes (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 to No. 8 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Emergency 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.

                 The Minister for Emergency Services then moved - That this Bill be now read a third time.

                 Question put.

Collections for
Charitable Purposes
(Miscellaneous)
Amendment Bill.

 

             Council divided:

Ayes, 10

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. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. W. Ridgway (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

28.

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

 

Postponement
of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Commissioner for Victims’ Rights) 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.

 

Victims of Crime
(Commissioner of
Victims’ Rights)
Amendment Bill.

30.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Victims of Crime) 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.

 

Statutes Amendment
(Victims of Crime)
Bill.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Miscellaneous) 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.

 

Motor Vehicles
(Miscellaneous)
Amendment Bill.

33.

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

 

Postponement
of Business.

34.

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

 

Next Day
of Sitting.

 

35.

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

Message No. 44

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Penola Pulp Mill Authorisation Bill, without amendment.

House of Assembly, 17 October 2007.                                                       J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Penola Pulp Mill
Authorisation Bill.

 

 

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate the practice of law; to repeal the Legal Practitioners Act 1981; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 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. S. G. Wade, the debate was adjourned until next day of sitting.

 

Legal Profession Bill.

 

36.

Council adjourned at five minutes to nine 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. 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