SOUTH AUSTRALIA]

No. 62

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  17  NOVEMBER  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. 19.

                 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 present Session, viz.:

                 No. 49 of 2009 - An Act to prevent criminal infiltration of the hydroponics industry; to prevent the misapplication of certain types of hydroponic equipment by monitoring its sale and supply; and for other purposes.

                 No. 50 of 2009 - An Act to amend the Local Government (Elections) Act 1999 and to make related amendments to the City of Adelaide Act 1998.

                 No. 51 of 2009 - An Act to establish the Rail Commissioner; to make related amendments to the Railways (Operations and Access) Act 1997 and the TransAdelaide (Corporate Structure) Act 1998; and for other purposes.

                 No. 52 of 2009 - An Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993.

                 No. 53 of 2009 - An Act to amend the First Home Owner Grant Act 2000.

                 No. 54 of 2009 - An Act to amend the National Electricity (South Australia) Act 1996.

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

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice No. 178 and No. 218 received this day were tabled by the President who directed that they be distributed and printed in Hansard .

 

Answers to
Questions on
Notice.

   4.

The Hon. C. V. Schaefer brought up the Report of the Select Committee on Families SA, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 275)

 

Select Committee
on Families SA -
Report.

 

    5.

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

        By the President -

                 Reports, 2008-2009 -

                          Corporation -

                                   Salisbury.

                                   West Torrens .

                          District Council -

                                   Barunga West.

                                   Berri Barmera.

                                   Flinders Ranges.

                                   Tatiara.

                                   Wattle Range .

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports, 2008-2009 -

                          Adelaide Festival Corporation.

                          Electoral Commission SA.

                          Mining and Quarrying Occupational Health and Safety Committee.

                          Premier’s Climate Change Council.

                          SafeWork SA Advisory Committee.

                          State Emergency Management Committee.

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

                          Technical Regulator - Electricity.

                          Technical Regulator - Gas.

                          Veterinary Surgeons Board of South Australia.

                 Inquest into the death of Stephen Michael Bradford - Report.

                 Regulations under the following Acts -

                          Cross-border Justice Act 2009 - General.

                          Dust Diseases Act 2005 - Prescribed Processes.

                          Essential Services Commission Act 2002 - Revocation Regulation 3.

                          Fire and Emergency Services Act 2005 - Review.

                          Fisheries Management Act 2007 -

                                   Demerit Points Offences.

                                   Fish Processors - Delivery of Pipi.

                                   Lakes and Coorong Fishery - Pipi and General.

                                   Marine Scalefish Fishery - Pipi and General.

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports -

                          Kingston District Council - Heritage Development Plan Amendment by the Council.

                          Naracoorte Lucindale Council - Naracoorte Industry Development Plan Amendment by the Council.

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

                 Reports, 2008-2009 -

                          Adelaide Dolphin Sanctuary Act 2005.

                          Barossa and Districts Health Advisory Council Inc.

                          Berri Barmera Health Advisory Council Inc.

                          Boundary Adjustment Facilitation Panel.

                          Ceduna Koonibba Aboriginal Health Advisory Council Inc.

                          Children’s Services.

                          Construction Industry Training Board.

                          Coorong Health Service Health Advisory Council Inc.

                          Eastern Eyre Health Advisory Council Inc.

                          Education Adelaide.

                          Far North Health Advisory Council.

                          Food Act 2001.

                          Freedom of Information Act 1991.

                          General Reserves Trust.

                          Hawker Memorial District Health Advisory Council.

                          Hills Area Health Advisory Council Inc.

                          HomeStart Finance.

                          Local Government Finance Authority of South Australia.

                          Lower Eyre Health Advisory Council Inc.

                          Loxton and Districts Health Advisory Council Inc.

                          Mallee Health Advisory Council Inc.

                          Mannum District Hospital Health Advisory Council Inc.

                          Mid North Health Advisory Council Inc.

                          Mid-West Health Advisory Council Inc.

                          National Parks and Wildlife Council.

                          Office for the Ageing.

Papers.

 

                          Outback Areas Community Development Trust.

                          Renmark Paringa District Health Advisory Council Inc.

                          South Eastern Water Conservation and Drainage Board.

                          The Council for the Care of Children.

                          The Murray Bridge Soldiers’ Memorial Hospital Health Advisory Council Inc.

                          The Whyalla Hospital and Health Services Health Advisory Council Inc.

                          Veterans Health Advisory Council.

                          Waikerie and Districts Health Advisory Council Inc.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 - Restricted Areas - Christies Beach.

                          Road Traffic Act 1961 -

                                   Heavy Vehicle Speeding Compliance.

                                   Intelligent Access Program.

                                   Miscellaneous - Heavy Vehicle Speeding Compliance - Offences

                                   Traffic Speed Analysers.

                 Third Variation of the Port Operating Agreement for Port Adelaide - Agreement between the Minister for Transport and Flinders Port Pty. Ltd.

                 Variation of Port Operating Agreement (Port Giles) - Agreement between the Minister for Transport and Flinders Port Pty. Ltd.

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

                 Report -

                          Bogus, Unregistered and Deregistered Health Practitioners - Response to the Social Development Committee Report.

                 Regulations under the following Act -

                          Liquor Licensing Act 1997 - Short Term Dry Areas -

                                   Coffin Bay.

                                   Streaky Bay.

        By the Minister for Government Enterprises (The Hon. G. E. Gago) -

                 SA Lotteries - Report, 2008-2009.

 

 

    6.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Maralinga Lands Handback.

 

Ministerial
Statement Tabled.

    7.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning Maintaining South Australia’s Water Security.

 

Ministerial
Statement Tabled.

    8.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. M. J. Wright, M.P.) concerning Tasers and SAPOL.

 

Ministerial
Statement Tabled.

    9.

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 Mr. Kunmanara Queama.

 

Ministerial
Statement Tabled.

10.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. L. Brokenshire to ask a question of him and for him 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.

11.

The Minister for Mineral Resources Development, pursuant to notice, moved - That, for the purposes of section 13(7) of the West Beach Recreation Reserve Act 1987, this Council approves the grant by the West Beach Trust of a lease to Surf Life Saving South Australia Incorporated for a period of 50 years of portion of the West Beach Recreation Reserve, being such portion of the land contained in Certificate of Title Register Book Volume 5867 Folio 283 as is determined by the Minister for Urban Development and Planning, for use for the operation of surf life saving emergency services (including administration, storage of operation craft, life saving academy, communications centre, training rooms, sporting gear and equipment storage) and for the construction of such buildings and other works for that purpose as are specified or authorised in the lease.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

West Beach
Recreation
Reserve Act 1987 -
Grant of Lease -
Motion re.

 

12.

The Minister for State/Local Government Relations, pursuant to notice, moved - That this Council requests His Excellency The Governor to make a proclamation under Section 30(2) of the National Parks and Wildlife Act 1972 excluding allotment 10 of Deposited Plan 72034, Hundred of Paringa, County of Alfred, from the Pike River Conservation Park.

                 Debate ensued.

                 Question put and passed.

 

National Parks and
Wildlife Act 1972 -
Governor’s
Proclamation -
Motion re.

13.

Ordered - That Order of the Day (Government Business) No. 2 be an Order 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 Local Government (Accountability Framework) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Local Government
(Accountability
Framework)
Amendment Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Fair Work (Commonwealth Powers) 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. 9 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 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.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a third time.

                 Debate ensued.

                 Question - That this Bill be now read a third time - put.

Fair Work
(Commonwealth
Powers) Bill.

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

         So it was resolved in the affirmative.

 

Noes, 9

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

 

                 Bill read a third time.

                 Resolved - That the Bill do now pass.

 

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (National Industrial Relations System) 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. 47 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 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.

                 The Minister for Mineral Resources Development then moved - That the 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.

 

Statutes Amendment
(National Industrial
Relations System)
Bill.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Children’s Protection) 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.

 

Statutes Amendment
(Children’s
Protection) Bill.

18.

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.

 

19.

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

Message No. 117

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Maralinga Tjarutja Land Rights Act 1984, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for State/Local Government Relations 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.

 

Messages from
House of Assembly:
Maralinga Tjarutja
Land Rights
(Miscellaneous)
Amendment Bill.

 

Message No. 118

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to remove doubts relating to actions taken by Lieutenant-Governors and Administrators of the State at any time since the commencement of the Australia Act 1986 of the Commonwealth; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for Mineral Resources Development 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.

 

Constitution
(Appointments) Bill.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Implementation of Report Recommendations) 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.

 

Children’s
Protection
(Implementation
of Report
Recommendations)
Amendment Bill.

21.

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

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                 The Hon. R. L. Brokenshire moved on page 3, after line 37, to insert new clause 5A as follows:

5A—Amendment of section 5—Victims Register

Section 5—after subsection (6) insert:

      (7)       Any information or notification required or authorised by this Act to be given to a registered victim will be taken to have been given to the victim if it is sent by post to the contact address relating to the victim included in the Victims Register.”.

                          Question - That new clause 5A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 6 to No. 10 agreed to.

                 The Hon. R. L. Brokenshire moved on page 4, after line 33, to insert new clause 10A as follows:

10A—Amendment of section 37—Search of prisoners

                  (1)       Section 37—after subsection (1a) insert:

(1b)   The manager of a correctional institution may, in exercising a power under subsection (1a), use a detection dog.

                  (2)       Section 37(6)—after paragraph (a) insert:

(ab)   the number of times a detection dog was used during those searches; and

                  (3)       Section 37—after subsection (6) insert:

(7)     In this section—

detection dog means a dog that has completed training of a kind approved by the Minister for the purpose of detecting the presence of a drug or any other prohibited item.”.

                          Question - That new clause 10A, as proposed to be inserted, be so inserted - put.

Correctional Services
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. L. Brokenshire  (Teller)

         So it was resolved in the affirmative.

 

Noes, 8

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

                          New Clause No. 10A inserted.

                          Clause No. 11 read.

 

 

 

                 The Hon. R. L. Brokenshire moved on page 4, after line 35, to insert the following:

              “After the present contents of the clause (now to be designated as subclause (1)) insert:

(2)      Section 37A—after subsection (3) insert:

(3a)      The Chief Executive Officer must consider imposing the following conditions on the release of a prisoner under this Division:

(a)        a condition requiring the prisoner not to smoke, consume or administer a controlled drug (within the meaning of the Controlled Substances Act 1984) other than a controlled drug that has been lawfully prescribed for the prisoner;

(b)       a condition requiring the prisoner to undergo random drug testing.”.

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

                          Clause No. 11 agreed to.

                          Clauses No. 12 to No. 16 agreed to.

                          New Clause No. 16A inserted.

                          Clause No. 17 amended and agreed to.

                 The Hon. R. L. Brokenshire moved on page 6, after line 16, to insert new clause 17A and new clause 17B as follows:

17A—Amendment of section 68—Conditions of release on parole

      (1)       Section 68—after subsection (1) insert:

    (1aa)     The Board must consider imposing the following conditions on the release of the prisoner:

      (a)       a condition requiring the prisoner not to smoke, consume or administer a controlled drug (within the meaning of the Controlled Substances Act 1984) other than a controlled drug that has been lawfully prescribed for the prisoner;

      (b)      a condition requiring the prisoner to undergo random drug testing.

      (2)       Section 68(1a)—after paragraph (c) insert:

      (d)      a condition preventing the prisoner from using the internet or using the internet in a manner specified in the condition;

      (e)       a condition preventing the prisoner from owning, possessing or using a computer or other device that is capable of being used to gain access to the internet.

17B—Amendment of section 77—Proceedings before Board

      (1)       Section 77(1a)—delete subsection (1a)

      (2)       Section 77(4)—delete "The" and substitute:

Subject to subsection (6), the

      (3)       Section 77—after subsection (5) insert:

      (6)       The Board must, as soon as reasonably practicable after making orders in any proceedings relating to a prisoner or parolee, give the registered victim details of the orders (including, if the prisoner is to be released on parole, details of when the prisoner is to be released on parole and where the parolee is to reside).

      (7)       However, the Board is not required to notify the registered victim under this section if the victim has indicated to the Board that he or she does not wish to be so notified.”.

                 Question - That new clause 17A, as proposed to be inserted, be so inserted - put and negatived.

                 Question - That new clause 17B, as proposed to be inserted, be so inserted - put and negatived.

                          New Clause No. 17A inserted.

                          Clauses No. 18 and No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Schedule No. 1 agreed to.

                          Schedule No. 2 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 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.

 

 

22.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Miscellaneous No. 2) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Motor Vehicles
(Miscellaneous
No. 2) Amendment
Bill.

 

24.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

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

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993, without any amendment.

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

 

Messages from
House of Assembly:

Development (Regulated Trees)
Amendment Bill.

 

Message No. 120

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Upper South East Dryland Salinity and Flood Management Act 2002, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for Mineral Resources Development 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.

 

Upper South East
Dryland Salinity and
Flood Management
(Extension of
Project)
Amendment Bill.

26.

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

 

Next Day of Sitting.

27.

Council adjourned at ten minutes past ten 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