SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  19  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.

Answer to Question on Notice No. 170 received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on
Notice.

   3.

The Hon. M. C. Parnell, without notice, moved - That the Standing Orders be so far suspended as to enable him to move for the substitution by motion, of a Member on the Select Committee on  SA Water.

                 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 Hon. M. C. Parnell then moved - That the Hon. R. D. Lawson be substituted in the place of the Hon. C. V. Schaefer, resigned, on the Select Committee on SA Water.

                 Question put and passed.

 

Select Committee
on SA Water -
Substitution of
Member.

 

    4.

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

        By the President -

                 Wattle Range Council - Report, 2007-2008.

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

                 South Australian Film Corporation - Report, 2007-2008.

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

                 Correctional Services Advisory Council - Report, 2007-2008.

                 Death in Custody of Renald Lance Forsaith - Report on actions taken following the Coronial Inquiry.

                 Rules of Court -

                          Workers Compensation Tribunal -

                                   Workers Rehabilitation and Compensation Act 1986 -

                                           Representation Costs.

                                          Tribunal Rules, 2009.

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

                 Reports, 2007-2008.

                          Country Health SA.

                          Kingston Soldiers’ Memorial Hospital Inc.

                          Teachers Registration Board of South Australia.

 

Papers.

    5.

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

 

Ministerial
Statement Tabled.

   6.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   8.

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.

                 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. 48 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Criminal
Investigation
(Covert Operations)
Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No 10.

 

Postponement
of Business.

10.

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.

                 Question put and passed.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Administration and
Probate (Distribution
on Intestacy)
Amendment Bill.

11.

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.

12.

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.

13.

On the Order of the Day being read for the adjourned debate on the question - That the Native Vegetation (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.

 

Native Vegetation
(Miscellaneous)
Amendment Bill.

14.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Administration and Probate (Distribution on Intestacy) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Administration and
Probate (Distribution
on Intestacy)
Amendment Bill.

16.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

17.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill  be now read a second time - be now resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Prohibition of
Human Cloning for
Reproduction and
Regulation of
Research Involving
Human Embryos)
Bill.

18.

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

Message No. 34

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for the treatment, care and rehabilitation of persons with serious mental illness with the goal of bringing about their recovery as far as is possible; to confer powers to make orders for community treatment, or detention and treatment, of such persons where required; to provide protections of the freedom and legal rights of mentally ill persons; to repeal the Mental Health Act 1993; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 February 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.

 

Mental Health Bill.

 

Message No. 35

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Public Sector Management Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 February 2009.                                                          J. J. SNELLING, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Public Sector
Management
(Consequential)
Amendment Bill.

 

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to make provision for the disposal, management and conservation of Crown land; to make related amendments to certain other Acts; to repeal the Crown Lands Act 1929, the Discharged Soldiers Settlement Act 1934, the Irrigation (Land Tenure) Act 1930, the Marginal Lands Act 1940, the Monarto Legislation Repeal Act 1980, the Port Pirie Laboratory Site Act 1922 and the War Service Land Settlement Agreement Act 1945; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 February 2009.                                                          J. J. SNELLING, Speaker.

 

Crown Land
Management Bill.

 

 

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

 

19.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 3 March 2009.

 

Next Day of Sitting.

20.

Council adjourned at two minutes to six o’clock until Tuesday, 3 March 2009, 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