SOUTH AUSTRALIA]

No. 63

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  19  JUNE  2008

 

 

 

   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 Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession
Bill.

   3.

The Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill.

                 Question put and passed.

 

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

   4.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   5.

The Minister for Police, pursuant to notice, moved - That this Parliament recognises the abuses of some of those who grew up in State care and the impact this has had on their lives.  Only those who have been subject to this kind of abuse or neglect will ever be able to fully understand what it means to have experienced these abhorrent acts.  For many of these people, Governments of any persuasion were not to be trusted.  Yet many have overcome his mistrust.  You have been listened to and believed and this Parliament now commits itself to righting the wrongs of the past.  We recognise that the majority of carers have been, and still are, decent, honourable people who continue to open their hearts to care for vulnerable children.  We thank those South Australians for their compassion and care.  We also acknowledge that some have abused the trust placed in them as carers.  They have preyed upon our children.  We acknowledge those courageous people who have opened up their own wounds to ensure that we as a State could know the extent of these abuses.  We accept that some children who were placed in the care of the Government and church institutions suffered abuse.  We accept these children were hurt.  We accept they were hurt through no fault of their own.  We acknowledge this truth.  We acknowledge that in the past the State has not protected some of its most vulnerable.  By this apology we express regret for the pain that has been suffered by so many.  To all those who experienced abuse in State care, we are sorry.  To those who witnessed these abuses, we are sorry.  To those who were not believed, when trying to report these abuses, we are sorry.  For the pain shared by loved ones, husbands and wives, partners, brothers and sister, parents and, importantly, their children, we are sorry.  We commit this Parliament to be ever vigilant in its pursuit of those who abuse children.  And we commit this Parliament to help people overcome this, until now, untold chapter in our State’s history.

                 Debate ensued.

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

 

Children in
State Care -
Apology -
Motion re.

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Stamp Duties (Trusts) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 Police, 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.

 

Stamp Duties
(Trusts)
Amendment Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 and No. 5 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Pay-roll Tax (Harmonisation Project) 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 Police, 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.

 

Pay-roll Tax
(Harmonisation
Project)
Amendment Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Institute of Medical and Veterinary Science) Bill be now read a second time:

                 Debate resumed.

                 Question - That the Bill be now read a second time - put.

Statutes Amendment
and Repeal (
Institute
of
Medical and
Veterinary Science)
Bill.
.

 

             Council divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

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. J.M.A. Lensink (Teller)

 

 

 

 

                 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. 10 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 Environment and Conservation, 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 Environment and Conservation then moved - That this Bill be now read a third time.

                 Question put.

 

 

             Council divided:

Ayes, 11

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

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. J.M.A. Lensink (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

  13.

On the Order of the Day being read for the adjourned debate on the question - That the National Gas (South Australia) 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 postponed and taken into consideration on motion.

 

National Gas
(
South Australia)
Bill
.

14.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5 and No. 6, No. 9 and No. 10 and No. 12 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement
of Business.

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 107 from the House of Assembly relating to the Statutes Amendment (Police Superannuation) Bill.

 

In the Committee

 

                 The Minister for Police moved - That the Amendments be not insisted on.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

Statutes Amendment
(Police
Superannuation)
Bill..

16.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  17.

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Adelaide Film Festival - Report, 2006-2007.

 

Paper.

18.

The Hon. R. P. Wortley brought up the Seventeenth Report of the Natural Resources Committee, 2007-2008 on Kangaroo Island.

Natural Resources
Committee -
Seventeenth Report,
2007-2008 -
Kangaroo Island.

 

  19.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Solar Feed-in Laws.

 

Ministerial
Statement Tabled.

  20.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning WorkCover Reforms.

 

Ministerial
Statement Tabled.

  21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 107 from the House of Assembly relating to the Statutes Amendment (Police Superannuation) Bill.

 

In the Committee

 

                 Motion of the Minister for Police - That the amendments be not insisted on - further considered.

                 Question - That the amendments be insisted on - put.

Statutes Amendment (Police Superannuation) Bill.

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 18

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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

The Hon. P. Holloway (Teller)

 

 

 

 

                 Resolved - That the amendments be not insisted on.

_____________________

 

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

 

 

22.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Supply Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned and ordered to be resumed on motion.

 

Supply Bill.

24.

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

 

Postponement
of Business.

25.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

  26.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Heavy Vehicle Driver Fatigue) 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. 10 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 Police, 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.

 

Road Traffic
(Heavy  Vehicle
Driver  Fatigue)
Amendment Bill.

27.

Ordered - That the adjourned debate on the question - That the Supply Bill be now read a second time - be now resumed.

                 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. 3 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 Police, 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.

 

Supply Bill.

  28.

The Minster for Police reported as follows - The Managers have been to the Conference on the Criminal Law (Sentencing) (Victims of Crime) Amendment Bill which was managed on behalf of the House of Assembly by the Attorney-General (The Hon. M. J. Atkinson), Ms. Ciccarello, Ms. Fox, Ms. Redmond and Mr. Williams and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

        And thereupon the Managers for the two Houses conferred together but no agreement was reached.

                 The President stated that as no recommendation from the Conference has been made, the Council, pursuant to Standing Order No. 338, must either resolve not to further insist on its requirements or lay the Bill aside.

                 The Minister for Police moved - That the Council do not further insist on its amendments.

                 Debate ensued.

                 Question put

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

 

             Council divided:

Ayes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

 

 

 

 

                 Bill laid aside.

 

 

  29.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the National Gas (South Australia) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 22 agreed to.

                          Schedule read.

                 The Hon. M. C. Parnell moved on page 41, lines 27 to 31, to leave out clause 23 of the Schedule and insert the following:

 “23—National gas objective

      (1)       The objective of this Law is to promote efficient investment in, and efficient operation and use of, natural gas services for the long term interest of consumers of natural gas with respect to price, quality, safety, reliability and security of supply of natural gas while taking into account the principles set out in subsection (2).

      (2)       The following principles are relevant to the objective of this Law:

      (a)       decisions under this Law should take into account principles of ecologically sustainable development;

      (b)      recognition should be given to the long‑term environmental and economic impacts associated with greenhouse gas emissions arising from the use of natural gas;

      (c)       reasonable and reliable access to natural gas should be viewed as an essential service within the community.

      (3)       For the purposes of subsection (2), principles of ecologically sustainable development will be taken to be the principles of ecologically sustainable development applying under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.”.

                 Question - That the amendment be agreed to - put.

National Gas
(
South Australia)
Bill
.

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 18

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          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 Police, 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.

 

 

30.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

  31.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio) 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. 33 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 Police, 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.

 

Statutes Amendment
(Transport Portfolio)
Bill.

  32.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law Consolidation (Double Jeopardy) Bill.

 

In the Committee

 

                          Clause No. 5, to which the Minister for Police had moved to amend on page 3, line 28, and on page 4, line 12, by leaving out “an offence against” and inserting “a substantially similar offence against the previous enactment or”, wherever occurring - further considered.

                          Amendments agreed to.

                          Clause No. 5, as amended, agreed to.

                          Clauses No. 6 to No. 8 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 Police, 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 Law
Consolidation
(Double Jeopardy)
Bill.

33.

Ordered - That all 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 Thursday, 3 July 2008, at eleven o’clock.

 

Next Day
of Sitting.

35.

Council adjourned at two minutes past six o’clock until Thursday, 3 July 2008, at eleven o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. 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