SOUTH AUSTRALIA]

No. 64

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  19  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.

The Minister for Mineral Resources Development (The Hon. P. Holloway), 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.

   3.

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

 

Postponement
of Business.

   4.

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. 4.

 

Postponement
of Business.

   5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Implementation of Report Recommendations) Amendment Bill.

 

In the Committee

 

                 Clause No. 7, which the Minister for State/Local Government Relations (The Hon G. E. Gago) had moved to amend on page 5, after line 10, by inserting the following:

    “(ca)     define classes of information that are to be taken to be included in, or excluded from, a person’s criminal history for the purposes of this section; and

      (cb)     confer discretionary powers on the Minister, the Chief Executive or another person or body; and”

                 - further considered.

                 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.

 

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

   6.

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.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Intervention Orders (Prevention of Abuse) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. G. Wade, the debate was adjourned and ordered to be resumed on motion.

 

Intervention Orders
(Prevention of
Abuse) Bill.

   8.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 6 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

10.

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.

                 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.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. D. W. Ridgway moved on page 8, line 40, to leave out all words in this line and insert the following:

    “(aa)     where the vehicle is being driven on a road outside of Metropolitan Adelaide—100 kilometres an hour;

      (a)       where the vehicle is being driven on a road within Metropolitan Adelaide and—”.

                 Question - That the amendment be agreed to - put.

Motor Vehicles
(Miscellaneous
No. 2)
Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D. W. Ridgway (Teller)

         So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

                          Clause No. 9, as amended, agreed to.

                          Clauses No. 10 to No. 28 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 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.

 

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Implementation of Report Recommendations) Amendment Bill.

 

In the Committee

 

                          Clause No. 7, which the Minister for State/Local Government Relations had moved to amend on page 5, after line 10, by inserting the following:

    “(ca)     define classes of information that are to be taken to be included in, or excluded from, a person’s criminal history for the purposes of this section; and

      (cb)     confer discretionary powers on the Minister, the Chief Executive or another person or body; and”

                 - further considered.

                 Question - That paragraph (ca), as proposed to be inserted, be so inserted - put and passed.

                 Question - That paragraph (cb), as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 7, as amended and as otherwise amended, agreed to.

                          Clauses No. 8 to No. 14 agreed to.

                          Clause No. 15 read.

                 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.

 

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

12.

At one minute past 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.

13.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. R. L. Brokenshire from 223 residents of South Australia, concerning John Knox Church and Schoolhouse.  The Petitioners pray that this Honourable House will -

        1.      Take immediate action to acquire the John Knox precinct;

        2.      Partner with the Onkaparinga Council to determine a use for the John Knox precinct as a public asset, and thereby -

        3.      Return the John Knox precinct to the people of Morphett Vale and the wider South Australian community.

Petitions:
No. 27 -
John Knox Church
and Schoolhouse.

     

                 By the Hon. R. L. Brokenshire from 1,586 residents of South Australia, concerning drag and track racing.  The Petitioners pray that this Honourable House will call upon the Premier and his Government to support drag and track racing in South Australia by approving the construction of the Adelaide Motorplex at Gillman.

No. 28 -
Drag and Track
Racing.

 

                 By the Hon. D.G.E. Hood from 2,242 residents of South Australia, concerning suicide and euthanasia.  The Petitioners pray that this Honourable House will reject proposed amendments to the Consent to Medical Treatment and Palliative Care (Voluntary Euthanasia) Amendment Bill that would legalise the practice of voluntary euthanasia.

No. 29 -
Suicide and Euthanasia.

 

                 By the Hon. D.G.E. Hood from 219 residents of South Australia, concerning euthanasia in South Australia.  The Petitioners pray that this Honourable House will urge the Government to take immediate action to increase funding to palliative care and to oppose euthanasia (whether voluntary or involuntary).

No. 30 -
Euthanasia in
South Australia.

 

                 By the Hon. J.S.L. Dawkins from 767 residents of South Australia, concerning road safety at the junction of Main North Road and Research Road Pooraka.  The Petitioners pray that this Honourable House will urge the Government to take immediate action to rectify the situation by undertaking a comprehensive transport investigation to devise a suitable course of action and to comply fully with any recommendations by that investigation.

 

No. 31 -
Road Safety
in Pooraka.

  14.

The Hon. R. P. Wortley brought up the Supplementary Report of the Natural Resources Committee on Kangaroo Island Natural Resources Management Board Levy Proposal, 2009-2010, “too many cooks…”.

 

Natural Resources
Committee -
Supplementary
Report on Kangaroo
Island Natural
Resources
Management Board
Levy Proposal,
2009-2010.

  15.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on its inquiry into Bushfire, “In delay there lies no plenty”.

 

Natural Resources
Committee -
Report on Inquiry
into Bushfire.

  16.

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

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

                 Department of Primary Industries and Resources SA - Report, 2008-2009.

                 South Australian Citrus Industry Development Board - Report, 2007-2008.2

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

                 Codes of Practice under Acts -

                          Gaming Machines Act -

                                   Responsible Gambling -

                                             Commercial Hotel Code Alteration Notice 2009.

                 Reports, 2008-2009 -

                          Adelaide Convention Centre.

                          Adelaide Festival Centre.

                          Board of the Botanic Gardens and State Herbarium.

                          Child Death and Serious Injury Review Committee.

                          Children in State Care Commission of Inquiry Report: Allegations of Sexual Abuse and Death from Criminal Conduct.

                          Children, Youth and Women’s Health Service.

                          Coast Protection Board.

                          Country Arts SA.

                          Department for Correctional Services.

                          Department for Families and Communities.

                          Department of Health.

                          Gaming Machines Act 1992.

                          Health and Community Services Complaints Commissioner.

                          History Trust of South Australia.

                          Independent Gambling Authority.

                          Native Vegetation Council.

                          Public and Environmental Health Council.

                          South Australian Psychological Board.

                          State Opera of South Australia.

                          Windmill Performing Arts Company.

 

Papers.

  17.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. A. Koutsantonis, M.P.) concerning Parole refused to Watson and Millar.

 

Ministerial
Statement Tabled.

  18.

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

Message No. 122

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Second-hand Vehicle Dealers Act 1995; and to make a consequential amendment to the Magistrates Court Act 1991, with the amendments indicated by the annexed Schedule, to which it desires the concurrence of the Legislative Council.

House of Assembly, 18 November 2009.                                                  J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Second-hand
Vehicle Dealers
(Cooling-off Rights)
Amendment Bill.

 

Schedule of the Amendments made by the House of Assembly

Amendment No. 1–

Clause 17, page 8, after line 30 [clause 17, inserted section 18B(7)]—

After the penalty provision insert:

Expiation fee: $500.

Amendment No. 2–

Clause 31, page 14 – delete clause 31 and substitute:

             31—Amendment of Schedule 3—Second‑Hand Vehicles Compensation Fund

(1)     Schedule 3, clause 2(1)—after paragraph (a) insert:

(ab)  made a payment to a dealer in respect of the purchase of a second‑hand vehicle under a contract that has been rescinded in accordance with section 18B; or

(2)     Schedule 3, clause 2(1)(d)—delete "person" and substitute:

                                 claimant

 

 

(3)     Schedule 3, clause 2(1)(e)—delete "person" and substitute:

claimant

(4)     Schedule 3, clause 2(1)—delete " that person" and substitute:

the claimant

(5)     Schedule 3, clause 2(2)—delete "This clause" and substitute:

This Schedule

(6)     Schedule 3, clause 2(2)(b)—delete "person making the claim" and substitute:

claimant

(7)     Schedule 3, clause 2—after subclause (2) insert:

(4)     The personal representative of a claimant (including a deceased claimant) is entitled to make the claim on behalf of the claimant or the claimant's estate.

(8)     Schedule 3—after clause 2 insert:

2B—Determination, evidence and burden of proof

      (1)       In determining a claim for compensation under this Schedule, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the Fund must be disregarded.

      (2)       Any fact to be proved by a claimant under this Schedule is sufficiently proved if it is proved on the balance of probabilities.

(9)     Schedule 3, clause 3(2)—delete subclause (2) and substitute:

      (2)       The following amounts will be paid out of the Fund:

      (a)       an amount authorised under this Schedule;

      (b)      expenses incurred in administering the Fund (including expenses incurred in insuring the Fund against possible claims);

      (c)       the costs of investigating compliance with this Act or possible misconduct of dealers or salespersons;

      (g)      any amounts, approved by the Minister, to be paid towards the cost of prescribed educational programs conducted for the benefit of dealers, salespersons or members of the public;

      (h)      any amount required to be paid into the Consolidated Account under subclause (4).

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                 Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

 

Message No. 123

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Serious and Organised Crime (Unexplained Wealth) Bill, without any amendment.

House of Assembly, 18 November 2009.                                                  J. J. SNELLING, Speaker.

 

Serious and
Organised Crime
(Unexplained
Wealth) Bill.

 

Message No. 124

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 2 to 7 made by the Legislative Council in the Correctional Services (Miscellaneous) Amendment Bill without any amendment and has disagreed to Amendment No. 1 as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 18 November 2009.                                                  J. J. SNELLING, Speaker.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

Schedule of the Amendment made by the Legislative Council

to which the House of Assembly has disagreed

New clause, page 4, after line 33—

After clause 10 insert:

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.

M. LEHMAN, Clerk of the House of Assembly

 

 

                 Ordered - That the message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                 Resolved - That the amendment be not insisted on.

_____________________

 

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

 

 

 

Message No. 125

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Bail Act 1985, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 November 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.

 

Bail (Arson)
Amendment Bill.

 

Message No. 126

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Family Relationships Act 1975, the Births, Deaths and Marriages Registration Act 1996 and the Reproductive Technology (Clinical Practices) Act 1988, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 18 November 2009.                                                  J. J. SNELLING, Speaker.

 

Statutes Amendment (Surrogacy) Bill.

 

Schedule of the Amendments made by the House of Assembly

Amendment No. 1–

Clause 2, page 3, line 5—

Delete "3 months" and substitute:

12 months

Amendment No. 2–

Clause 4, page 3, lines 10 to 17—

Delete clause 4

Amendment No. 3–

Clause 6, page 3, lines 23 and 24—

Delete clause 6

Amendment No. 4–

Clause 12, page 4, after line 21 [clause 12, inserted section 10HA(1)]—

Insert:

fertilisation procedure has the same meaning as in Part 2A;

 

 

Amendment No. 5–

Clause 12, page 4, lines 32 to 34 [clause 12, inserted section 10HA(1), definition of lawyer's certificate, (b)]—

Delete paragraph (b)

Amendment No. 6–

Clause 12, page 5, lines 1 and 2 [clause 12, inserted section 10HA(1), definition of marriage relationship]—

Delete the definition

Amendment No. 7–

Clause 12, page 5, line 11 [clause 12, inserted section 10HA(2)(a)(ii)]—

Delete "or" and substitute:

And

Amendment No. 8–

Clause 12, page 5, lines 21 to 24 [clause 12, inserted section 10HA(2)(b)(iii)]—

Delete subparagraph (iii) and substitute:

      (iii)      the commissioning parents—

      (A)      are legally married; or

      (B)      have cohabited continuously together as de facto husband and wife—

        •    for the period of 3 years immediately preceding the date of the agreement; or

        •    for periods aggregating not less than 3 years during the period of 4 years immediately preceding the date of the agreement;

Amendment No. 9–

Clause 12, page 5, after line 26 [clause 12, inserted section 10HA(2)(b)]—

After subparagraph (iv) insert:

     (iva)     either—

(A)         the female commissioning parent is, or appears to be, infertile; or

      (B)      there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child born to the female commissioning parent;

Amendment No. 10–

Clause 12, page 5, lines 27 to 31 [clause 12, inserted section 10HA(2)(b)(v)]—

Delete subparagraph (v) and substitute:

      (v)      the surrogate mother has been assessed by and approved as a surrogate by a counselling service—

(A)    that is accredited for the purposes of this subparagraph in accordance with the regulations; and

      (B)      in accordance with any relevant guidelines published by the National Health and Medical Research Council; and

      (C)      in accordance with any other requirement that may be prescribed by the regulations for the purposes of this subparagraph;

Amendment No. 11–

Clause 12, page 6, lines 30 to 44 [clause 12, inserted section 10HA(3)]—

Delete subsection (3)

Amendment No. 12–

Clause 12, page 7, lines 1 to 12 [clause 12, inserted section 10HA(4)]—

Delete subsection (4) and substitute:

      (4)       For the purposes of subsection (2)(b)(vi), a certificate complies with the requirements of this subsection if—

(a)     the certificate is issued by a counselling service that is accredited for the purposes of this subsection in accordance with the regulations; and

      (b)      the certificate states—

       (i)       that the person to whom it relates has received counselling—

      (A)      individually; and

      (B)      if the person is married, or is 1 of the commissioning parents—as a couple,

about personal and psychological issues that may arise in connection with a surrogacy arrangement; and

      (ii)       that, in the opinion of the counsellor who undertook the counselling, the proposed recognised surrogacy agreement would not jeopardise the welfare of any child born as a result of the pregnancy that forms the subject of the agreement.

Amendment No. 13–

Clause 12, page 8, line 16 [clause 12, inserted section 10HB(1), definition of birth parent, (b)]—

After "Act" insert:

(the birth father)

 

 

Amendment No. 14–

Clause 12, page 8, line 35 [clause 12, inserted section 10HB(5)]—

Delete "6 weeks" and substitute:

4 weeks

Amendment No. 15–

Clause 12, page 9, line 4 [clause 12, inserted section 10HB(7)]—

Delete "both birth parents" and substitute:

the surrogate mother

Amendment No. 16–

Clause 12, page 9, line 5 [clause 12, inserted section 10HB(7)]—

Delete "agree" and substitute:

agrees

Amendment No. 17–

Clause 12, page 9, lines 7 to 11 [clause 12, inserted section 10HB(8)]—

Delete subsection (8) and substitute:

      (8)       However, the Court may dispense with the requirement under subsection (7)—

      (a)       if satisfied that the surrogate mother is dead or incapacitated; or

      (b)      if satisfied that the applicants cannot contact the surrogate mother after making reasonable inquiries; or

      (c)       in any other circumstances prescribed by the regulations.

Amendment No. 18–

Clause 12, page 9, after line 36 [clause 12, inserted section 10HB(9)]—

After paragraph (c) insert:

      (d)      any submission made to the Court by, or on behalf of, the birth father.

Amendment No. 19–

Clause 12, page 10, lines 12 to 22 [clause 12, inserted section 10HB(14)]—

Delete subsection (14) and substitute:

     (14)      In the making of an order under this section in relation to a child, the child has as his or her name such name as the Court, on the application of either or both of the commissioning parents, approves in the order.

Amendment No. 20–

New clause, page 14, after line 17—

After clause 15 insert:

15A—Insertion of section 15

After section 14 insert:

15—Regulations

      (1)       The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

      (2)       Without limiting the generality of subsection (1), the regulations may—

      (a)       make provisions of a savings or transitional nature consequent on the amendment of this Act by another Act or the commencement of specified regulations under this Act;

      (b)      incorporate or operate by reference to a specified code or standard as in force at a specified time or as in force from time to time;

      (c)       fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;

      (d)      impose a penalty, not exceeding a fine of $10 000, for contravention of, or non‑compliance with, a regulation;

      (e)       fix expiation fees, not exceeding $315, for alleged offences against the regulations.

      (3)       The regulations may—

      (a)       be of general application or limited application;

      (b)      make different provision according to the matters or circumstances to which they are expressed to apply;

      (c)       provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister.

 

 

      (4)       If a code or standard is referred to or incorporated in the regulations—

      (a)       a copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

      (b)      evidence of the contents of the code or standard may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.

Amendment No. 21–

Heading to Part 4, page 16, lines 14 and 15—

Delete "Reproductive Technology (Clinical Practices) Act 1988" and substitute:

Assisted Reproductive Technology Act 1988

Amendment No. 22–

New clause, page 16, after line 19—

Insert:

20A—Amendment of section 9—Conditions of registration

Section 9(1)(c)—after subparagraph (iv) insert:

     (iva)     for the purposes of a recognised surrogacy agreement;

Amendment No. 23–

Clause 21, page 16, lines 20 to 28—

Delete clause 21

Amendment No. 24–

Clause 22, page 16, lines 29 to 33—

Delete clause 22

Amendment No. 25–

Schedule 1, page 17, line 5 [Schedule 1 clause 1(1)]—

Delete "under" and substitute:

as defined by

Amendment No. 26–

Schedule 1, page 17, lines 7 to 16 [Schedule 1 clause 1(2)]—

Delete subclause (2) and substitute:

      (2)       Subject to this clause, if the Court, on application under this clause, is satisfied that in the circumstances of the particular case it would be an appropriate course of action for the Court to exercise the powers conferred by this clause, the Court may determine that a surrogacy contract entered into before the commencement of this clause should have effect as a recognised surrogacy agreement under section 10HA of the Family Relationships Act 1975 (as enacted by this Act), despite the operation of Part 2B of that Act.

Amendment No. 27–

Schedule 1, page 17, after line 40—

After paragraph (d) insert:

                  and

      (e)       the Court may make any other related order as it thinks fit.

Amendment No. 28–

Schedule 1, page 18, lines 1 to 5 [Schedule 1 clause 2]—

Delete clause 2

M. LEHMAN, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                 Resolved - That the amendments be agreed to.

_____________________

 

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

 

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Children’s Protection (Implementation of Report Recommendations) Amendment Bill.

 

In the Committee

 

                          Clause No. 15 further considered and agreed to.

                          Clauses No. 16 to No. 19 agreed to.

                          Clause No. 20 amended and 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 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.

 

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

  20.

Ordered - That the adjourned debate on the question - That the Intervention Orders (Prevention of Abuse) Bill - 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 to No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 and No. 14 agreed to.

                          New Clause No. 14A inserted.

                          Clauses No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 and No. 19 agreed to.

                          Clause No. 20 amended and agreed to.

                          Clauses No. 21 to No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 and No. 27 agreed to.

                          Clause No. 28 amended and agreed to.

                          Clause No. 29 agreed to.

                          Clause No. 30 amended and agreed to.

                          Clauses No. 31 to No. 41 agreed to.

                          Schedule amended and agreed to.

Intervention Orders
(Prevention of
Abuse) Bill.

 

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; 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.

 

Title amended.

21.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Magistrates Court (Special Justices) 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.

 

Magistrates Court
(Special Justices)
Amendment Bill.

  23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Sector Consequential Amendments) Bill be now read a second time:

                 Debate resumed.

                 And the Minister for State/Local Government Relations having obtained leave to conclude her remarks, the debate was adjourned until the next day of sitting.

 

Statutes Amendment
(Public Sector
Consequential
Amendments) Bill.

24.

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

 

Postponement
of Business.

25.

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

 

Postponement
of Business.

  26.

The Hon. J. A. Darley, according to order, moved - That the Spent Convictions (No. 2) Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Spent Convictions
(No. 2) Bill.

  27.

The Hon. R. P. Wortley, according to order, moved - That the Building and Construction Industry Security of Payment Bill be now read a second time:

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

 

Building and
Construction
Industry Security of Payment Bill.

 

28.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 1 December 2009, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

29.

Council adjourned at seventeen minutes to six o’clock until Tuesday, 1 December 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