SOUTH AUSTRALIA]

No. 83

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  21  NOVEMBER  2005

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry and Trade reported as follows: - The Managers have been to the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill which was managed on behalf of the House of Assembly by the Attorney-General (The Hon. M. J. Atkinson M.P.), Ms. Chapman, Ms. Rankine, Ms. Redmond and Mr. Rau, 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 amendment of the Legislative Council be insisted on.

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

        As to Amendment No. 5 -

        That the House of Assembly no longer insists on its disagreement to this amendment and that the Legislative Council makes the following consequential amendment to the Bill -

                Clause 10, (new section 20), page 8, lines 14 to 21—

           Delete subsections (3) and (4) and substitute:

(3)     A person who commits an assault is guilty of an offence.

         Maximum penalty:

(a)     for a basic offence—imprisonment for 2 years;

(b)    for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 3 years;

(c)     for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 4 years.

(4)     A person who commits an assault that causes harm to another is guilty of an offence.

         Maximum penalty:

(a)     for a basic offence—imprisonment for 3 years;

(b)    for an aggravated offence (except one to which paragraph (c) applies)—imprisonment for 4 years;

(c)     for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 5 years.

Note—

This offence replaces section 40 (assault occasioning actual bodily harm) as in force prior to the commencement of this subsection and, consequently, see Coulter v The Queen (1988) 164 CLR 350.

        and that the House of Assembly agrees thereto.

                 Ordered - That the President do now leave the Chair and the Council resolves itself into a Committee of the Whole for the consideration of the Recommendations of the Conference.

 

 

 

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

 

 

   3.

Answers to Questions on Notice Nos. 4, 137, 241 to 247, 249 and 291 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 following Papers were laid upon the Table, viz.:

        By the President (The Hon. R. R. Roberts) -

                 Reports, 2004-2005 -

                          District Council of Karoonda East Murray.

                          Light Regional Council.

                          Wattle Range Council.

 

Papers.

 

    5.

The Hon. R. K. Sneath brought up the Report of the Natural Resources Committee on Saline Water Disposal Basins in South Australia.

 

Natural Resources
Committee -
Report on Saline
Water Disposal
Basins in
South Australia.

 

 

   6.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J. F. Stefani to complete his question to him and for the Minister 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.

 

   7.

The Minister for Industry and Trade, according to order, brought up the Report of the Select Committee on the Local Government (Lochiel Park Lands) Amendment Bill.

                 Ordered - That the Report be printed (Paper No. 237).

 

Local Government
(Lochiel Park Lands)
Amendment Bill -
Select Committee
on.

 

 

   8.

The Minister for Industry and Trade, without notice, moved - That the Local Government (Lochiel Park Lands) Amendment Bill be not reprinted as amended by the Select Committee and that the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Local Government
(Lochiel Park Lands)
Amendment Bill.

 

   9.

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

 

Postponement
of Business.

 

10.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Mining (Royalty No. 2) Amendment Bill.

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clause No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. K. J. Reynolds moved on page 5, after line 31, to insert new subsections as follow:

     “(7)      The Minister must not make a declaration under this section in relation to a mine on, or to be established on, Aboriginal-owned land except after consultation with the owner of the land.

       (8)      In this section—

Aboriginal-owned land means—

      (a)       land vested in the Aboriginal Lands Trust under the Aboriginal Lands Trust Act 1966; and

      (b)      the lands described in Schedule 1 of the Maralinga Tjarutja Land Rights Act 1984; and

      (c)       the lands described in Schedule 1 of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; and

      (d)      land that is subject to a native title declaration (within the meaning of the Native Title (South Australia) Act 1994) that the land is subject to native title.”.

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

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 8 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Mining
(Royalty No. 2)
Amendment Bill.

 

 

                 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 Industry and Trade, 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.

 

 

 

12.

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

 

Postponement
of Business.

 

13.

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

 

In the Committee

 

                          Clause No. 8, which the Hon. K. J. Reynolds had moved to amend on page 6, after line 12, by inserting new subclause as follows:

     “(3)      Section 8—after its present contents as amended by this section (now to be designated as subsection (1)) insert:

                 (2)     The Minister must, in cases where child abuse or neglect is substantiated, ensure—

                          (a)   that appropriate services are available—

(i)      to minimise the effects of the abuse or neglect on the affected child or children; and

(ii)     to foster, maintain and strengthen family relationships so far as that object is feasible in the circumstances and consistent with the best interests of the child or children affected by the abuse or neglect; and

(iii)    to provide necessary material and psychological support; and

                          (b)    that the affected families are given every possible encouragement to avail themselves of those services.

                 (3)     The Minister must ensure that, when a child is placed in the care of persons approved as foster parents under the Family and Community Services Act 1972, the foster parents are provided with appropriate and adequate support and resources to care for the child properly.”

 - further considered.

                 Question - That new subclause (3) down to and including paragraph (2)(b), as proposed to be inserted by the Hon. K. J. Reynolds, be so inserted - put and negatived.

                 Question - That new subclause (3), proposed new subsection (3), as proposed to be inserted by the Hon. K. J. Reynolds, be so inserted - put and negatived.

                          Clause No. 8 otherwise amended and agreed to.

                          Clause No. 9 read.

                 The Hon. K. J. Reynolds moved on page 7, after line 7, to insert new subclauses as follows:

“(2)   The Chief Executive must ensure that the following are prepared as soon as possible following the commencement of this subsection:

(a)     a charter specifying the rights of children and young persons under the guardianship, or in the custody, of the Minister;

(b)     a charter specifying the rights of persons approved as foster parents under the Family and Community Services Act 1972.

 (3)    The Chief Executive must provide a copy of each charter to the Minister and ensure that each charter is publicly available.”.

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

                          Clause No. 9 otherwise amended and agreed to.

                          Clause No. 10 read.

                 The Hon. K. J. Reynolds moved on page 9, lines 2 to 5, to leave out subclause (4) and insert new subclause as follows:

“(4)   This section does not require a priest or other minister of religion, a rabbi, an imam or a Christian Science practitioner to divulge information communicated in the course of a confession or sacred communication made in accordance with the rules and usages of the relevant religion.”.

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

                 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
(Keeping Them Safe)
Amendment Bill.

 

14.

At three minutes 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.

 

15.

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

 

In the Committee

 

                          Clause No. 10 further considered.

                 The Hon. N. Xenophon moved on page 9, after line 5, to insert new subclause as follows:

 “(4a)   A religious body that authorises or allows its priests or ministers of religion to hear private confessions must, as soon as possible after the commencement of this subsection—

(a)     establish protocols specifying how the priests or ministers are to deal with information about child abuse or neglect communicated in the course of a confession; and

(b)     disclose the protocols to the Minister; and

(c)     make the protocols available to any other person on request.”.

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

                          Clause No. 10 otherwise amended and agreed to.

                          New clause No. 10A inserted.

                          New clause No. 10B inserted.

                 The Hon. N. Xenophon moved on page 9, after line 7, to insert new clause as follows:

10C—Amendment of section 20—Application for order

         Section 20—after its present contents (now to be designated as subsection (1)) insert:

(2)     If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate drug assessment of the parent, guardian or other person has already occurred, or is to occur, and that a report of the assessment has been, or will be, furnished to the Chief Executive).”.

                 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 next day of sitting.

 

Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

16.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Relationships) Bill.

 

In the Committee

 

                          Clause No. 86 further considered and agreed to.

                          Clauses No. 87 and No. 88 agreed to.

                          Clause No. 89 amended and agreed to.

                          Clause No. 90 amended and agreed to.

                          Clause No. 91 amended and agreed to.

                          Clause No. 92 amended and agreed to.

                          Clause No. 93 amended and agreed to.

                          Clause No. 94 amended and agreed to.

                          Clause No. 95 agreed to.

                          Clause No. 96 amended and agreed to.

                          Clause No. 97 amended and agreed to.

                          Clause No. 98 amended and agreed to.

                          Clause No. 99 amended and agreed to.

                          Clause No. 100 amended and agreed to.

                          Clause No. 101 read.

                 The Hon. T. G. Cameron moved on page 36, line 15, to leave out “de facto” and insert “domestic”.

                 Question - That the amendment be agreed to - put.

Statutes Amendment
(Relationships) Bill.

 

 

             Committee divided:

Ayes, 6

The Hon. A. L. Evans

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 101 agreed to.

                          Clauses No. 102 to No. 105 agreed to.

                          Clause No. 106 amended and agreed to.

                          Clause No. 107 amended and agreed to.

                          Clause No. 108 amended and agreed to.

                          Clause No. 109 amended and agreed to.

                          Clause No. 110 amended and agreed to.

                          Clause No. 111 amended and agreed to.

                          Clause No. 112 amended and agreed to.

                          Clause No. 113 amended and agreed to.

                          Clause No. 114 amended and agreed to.

                          Clause No. 115 amended and agreed to.

                          Clause No. 116 amended and agreed to.

                          Clauses No. 117 to No. 127 agreed to.

                          Clause No. 128 amended and agreed to.

                          Clause No. 129 agreed to.

                          Clause No. 130 amended and agreed to.

                          Clause No. 131 amended and agreed to.

 

 

 

                          Clause No. 132 amended and agreed to.

                          Clause No. 133 amended and agreed to.

                          Clause No. 134 amended and agreed to.

                          Clause No. 135 amended and agreed to.

                          Clause No. 136 amended and agreed to.

                          Clause No. 137 amended and agreed to.

                          Clause No. 138 amended and agreed to.

                          Clause No. 139 amended and agreed to.

                          Clause No. 140 struck out.

                          Clause No. 141 struck out.

                          Clause No. 142 struck out.

                          Clause No. 143 amended and agreed to.

                          Clause No. 144 amended and agreed to.

                          Clause No. 145 amended and agreed to.

                          Clause No. 146 amended and agreed to.

                          Clause No. 147 amended and agreed to.

                          Clauses No. 148 to No. 150 agreed to.

                          Clause No. 151 amended and agreed to.

                          Clauses No. 152 to No. 164 agreed to.

                          Clause No. 165 amended and agreed to.

                          Clauses No. 166 to No. 174 agreed to.

                          Clause No. 175 amended and agreed to.

                          Clause No. 176 amended and agreed to.

                          Clause No. 177 amended and agreed to.

                          Clause No. 178 amended and agreed to.

                          Clause No. 179 amended and agreed to.

                          Clause No. 180 amended and agreed to.

                          Clause No. 181 amended and agreed to.

                          Clause No. 182 amended and agreed to.

                          Clause No. 183 amended and agreed to.

                          Clause No. 184 amended and agreed to.

                          Clause No. 185 amended and agreed to.

                          Clause No. 186 amended and agreed to.

                          Clause No. 187 amended and agreed to.

                          Clause No. 188 amended and agreed to.

                          Clauses No. 189 to No. 211 agreed to.

                          Clause No. 212 amended and agreed to.

                          Clause No. 213 amended and agreed to.

                          Clause No. 214 amended and agreed to.

                          Clause No. 215 amended and agreed to.

                          Clause No. 216 amended and agreed to.

                          Clause No. 217 amended and agreed to.

                          Clause No. 218 amended and agreed to.

                          Clause No. 219 amended and agreed to.

                          Clause No. 220 amended and agreed to.

                          Clause No. 221 amended and agreed to.

                          Clause No. 222 amended and agreed to.

                          Clause No. 223 amended and agreed to.

                          Clause No. 224 amended and agreed to.

                          Clause No. 225 amended and agreed to.

                          Clause No. 226 amended and agreed to.

                          Clause No. 227 amended and agreed to.

                          Clause No. 228 amended and agreed to.

                          Clause No. 229 amended and agreed to.

                          Clause No. 230 amended and agreed to.

                          Clauses No. 231 to No. 239 agreed to.

                          Clause No. 240 amended and agreed to.

                          Clause No. 241 amended and agreed to.

                          Clause No. 242 amended and agreed to.

                          Clause No. 243 struck out.

                          New clause No. 243 inserted.

                          Clause No. 244 amended and agreed to.

 

 

 

                          Clause No. 245 amended and agreed to.

                          Clauses No. 246 to No. 264 agreed to.

                          Clause No. 265 amended and agreed to.

                          Clause No. 266 amended and agreed to.

                          Clause No. 267 amended and agreed to.

                          Clause No. 268 amended and agreed to.

                          Clause No. 269 amended and agreed to.

                          Clause No. 270 amended and agreed to.

                          Clause No. 271 amended and agreed to.

                          Clause No. 272 amended and agreed to.

                          Clause No. 273 amended and agreed to.

                          Clause No. 274 amended and agreed to.

                          Clause No. 275 amended and agreed to.

                          Clause No. 276 amended and agreed to.

                          Clause No. 277 agreed to.

                          Clause No. 278 amended and agreed to.

                          Clause No. 279 amended and agreed to.

                          Clause No. 280 amended and agreed to.

                          Clause No. 281 amended and agreed to.

                          Clause No. 282 amended and agreed to.

                          Clause No. 283 agreed to.

                          New schedule inserted.

                          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.

                 Ordered - That the Bill be recommitted in respect of proposed new clause No. 58A.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of proposed new clause No. 58A.

 

In the Committee

 

                          New clause No. 58A inserted.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with a further amendment; whereupon the Council adopted such reports.

                 The Minister for Industry and Trade, 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 Industry and Trade then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

 

 

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. L. Evans (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

17.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

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

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

 

19.

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

 

Postponement
of Business.

 

20.

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

Message No. 134

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Retirement Villages Act 1987, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 November 2005.                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Retirement Villages
(Miscellaneous)
Amendment Bill.

 

 

Message No. 135

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Criminal Law Consolidation Act 1935; the Bail Act 1985; the Harbors and Navigation Act 1993; and the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 10 November 2005.                                                               R. B. SUCH, Speaker.  Bill read a first time.

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

 

Statutes Amendment
(Vehicle and Vessel
Offences) Bill.

 

 

 

Message No. 136

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Corporations (Commonwealth Powers) Act 2001, without any amendment.

House of Assembly, 10 November 2005.                                                               R. B. SUCH, Speaker.

 

Corporations (Commonwealth
Powers) (Extension
of Period of
References)
Amendment Bill.

 

 

 

Message No. 137

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Local Government (Financial Management and Rating) Amendment Bill, without any amendment.

House of Assembly, 10 November 2005.                                                               R. B. SUCH, Speaker.

 

Local Government
(Financial
Management and
Rating)
Amendment Bill.

 

 

Message No. 138

                 MR. PRESIDENT - The House of Assembly, having considered the Recommendations of the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill, has agreed to the same.

House of Assembly, 21 November 2005.                                                               R. B. SUCH, Speaker.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

21.

Council adjourned at twenty-four minutes to twelve o’clock midnight until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo