SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  18  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.

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

       

Legislative Review
Committee -
Twelfth Report,
2008-2009.

 

   3.

The Hon. J. M. Gazzola brought up the Thirteenth Report, 2008-2009, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulation, the Committee may decide to take no further action.

                 Regulation referred to -

Aquaculture Act 2001 - Environmental Monitoring and Reporting.

 

Legislative Review
Committee -
Thirteenth Report,
2008-2009.

 

    4.

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

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

                 Murray-Darling Basin Commission - Report, 2007-2008.

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

                 Reports, 2007-2008.

                          Bordertown Memorial Hospital.

                          Lower North Health Service Inc.

                          Millicent and District Hospital and Health Services Inc.

                          Mount Gambier and Districts Health Service.

                          Penola War Memorial Hospital Inc.

                          Port Augusta Hospital and Regional Health Services Inc.

                          Port Pirie Regional Health Service Inc.

                          Renmark Paringa District Hospital Inc.

                          Riverland Regional Health Service Inc.

                          Waikerie Health Services Inc.

                 Agreement Contemplated by Section 96(2) of the Food Act 2001 for Exercise of Functions under the Food Act 2001 - Report and Memorandum of Understanding between the Minister for Health and Local Government Association of SA Inc.

                 Natural Resources Committee Report on Eyre Peninsula Natural Resources Management Board - Response by the Minister for Environment and Conservation.

                 Natural Resources Committee Report on Natural Resources Management Board Levies 2008-2009 - Response by the Minister for Environment and Conservation.

 

Papers.

    5.

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 Marjorie Jackson-Nelson Hospital.

 

Ministerial
Statement Tabled.

    6.

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 Port Augusta Hospital.

 

Ministerial
Statement Tabled.

   7.

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

 

Statements on
Matters of Interest.

   8.

Ordered - separately - That Notices of Motion (Private Business) No. 1 to No. 3 and No. 5 to No. 7 be Orders of the Day for Wednesday, 4 March 2009.

 

Postponement
of Business.

   9.

The Minister for Mineral Resources Development, pursuant to notice, moved - That this Council welcomes the Hon. D. N. Winderlich as a Member.

                 Debate ensued.

                 Question - That the motion be agreed to - put and passed.

 

The Hon.
D. N. Winderlich.

10.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate government publicity; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

Regulating
Government
Publicity Bill.

11.

The Hon. R. L. Brokenshire, pursuant to notice, moved -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon practices and opportunities for reform in the taxi industry in South Australia (including vehicles holding themselves out to be taxis, such as country taxis) and, in particular -

(a)     the commercial and advisory structure of the industry and potential for conflicts of interest thereto;

(b)    allegations of fraud and corruption in the industry;

(c)     commercial practices on the transfer and leasing of plates, including alleged incentive or collateral payments;

(d)    the adequacy of training given to drivers and resultant quality of tourism service and other standards of service;

(e)     causes and remedies for assaults upon drivers and assaults by drivers;

(f)     problems arising from the existing system of taxi classification;

(g)    the opportunities for introduction or expansion, and the estimated cost, of technology such as global positioning system (GPS) tracking of taxis, video-camera recording, electronic charging via Cabcharge, electronic disability identification tags and other possible technological reforms for the industry; and

(h)    any other relevant matter.

   II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

Taxi Industry -
Appointment
of a Select
Committee on -
Motion re.

12.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

Passenger Transport
(Driver
Accreditation)
Amendment Bill.

13.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That this Council calls upon Australia’s Foreign Minister, The Hon. Stephen Smith, M.P., to lift the ban on Australian foreign aid being spent on abortion services and counselling following the lifting of the “global gag” by the President of the United States of America, Barack Obama, on 23 January 2009.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

Foreign Aid for
Abortion Services -
Motion re.

14.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Consumer Credit (South Australia) Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

Consumer Credit
(South Australia)
(Pay Day Lending)
Amendment Bill.

15.

The Hon. M. C. Parnell, pursuant to notice, moved -

    I.      That the Legislative Council notes that -

(a)     on 1 August 2007, the late Mr. Bruce Trevorrow became the first member of the Stolen Generation to successfully sue the State for compensation as a result of his removal from his family as a baby;

(b)    Mr. Trevorrow was awarded and paid compensation of $775,000, including interest.

(c)     the State Government has launched an appeal against the judgment.

(d)    the State Government has undertaken not to seek recovery of any of the compensation payment or interest as a consequence of the appeal; and

(e)     in relation to legal costs, the State Government has expressly reserved its right to seek recovery of legal costs on both the original action and the appeal against the widow and estate of the late Bruce Trevorrow.

   II.      The Legislative Council calls on the Attorney-General and the Premier to direct that the lawyers representing South Australia provide the Court and the Respondent with an undertaking that regardless of the outcome of the appeal, it will not seek to recover any legal costs from the widow or the estate of the late Bruce Trevorrow.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 4 March 2009.

 

The Estate of
Mr. Bruce
Trevorrow -
Motion re.

16.

The Hon. M. C. Parnell, pursuant to notice, moved -

    I.      That a Select Committee of the Legislative Council be established to inquire into and report on tax-payer funded Government advertising campaigns with specific reference to -

(a)     the establishment of guidelines dealing with the appropriate use of South Australian Government advertising;

(b)    the cost of Government advertising;

(c)     a process for dealing with complaints about Government advertising from the general public; and

(d)    any other matters that the Committee considers relevant.

   II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 4 March 2009.

 

Government
Advertising
Campaigns -
Appointment
of a Select Committee on -
Motion re.

17.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

                 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. R. P. Wortley, the debate was adjourned until Wednesday, 4 March 2009.

 

Electricity
(Electricity Supply
Industry Planning
Council)
Amendment Bill.

18.

At five 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.

 

19.

The Hon. R. L. Brokenshire moved - That he have leave to introduce a Bill for an Act to provide special planning and development procedures to protect the amenity of the Willunga Basin; to make related amendments to the Development Act 1993; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 During debate, the Hon. R. L. Brokenshire tabled an explanatory map portraying the area covered in the Bill.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 4 March 2009.

 

Willunga Basin
Protection Bill.

20.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday, 4 March 2009.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site be noted:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 4 March 2009.

 

Select Committee on
Proposed Sale and
Redevelopment of
the Glenside
Hospital Site -
Report be noted -
Motion re.

22.

Ordered - That Orders of the Day (Private Business) No. 7 to No. 10 be Orders of the Day for Wednesday, 4 March 2009.

 

Postponement
of Business.

23.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 4 March 2009.

 

Workers
Rehabilitation and
Compensation
(Changes to Scheme
Review Provisions)
Amendment Bill.

24.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 4 March 2009.

 

Postponement
of Business.

25.

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.

26.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

27.

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.

                 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. 11 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.

 

Fair Trading
(Telemarketing)
Amendment Bill.

28.

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. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Criminal
Investigation
(Covert Operations)
Bill.

29.

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

                 Debate resumed.

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

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

30.

Ordered - That Order of the Day (Government Business) No. 5 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 Architectural Practice 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.

 

Architectural
Practice Bill.

32.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Administration and Probate (Distribution on Intestacy) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Administration
and Probate
(Distribution on
Intestacy)
Amendment Bill.

34.

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

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for employment, management and governance matters relating to the public sector of the State; to repeal the Public Sector Management Act 1995; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

 

Messages from
House of Assembly:
Public Sector Bill.

 

                 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.

       

 

35.

Council adjourned at ten minutes past 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