SOUTH AUSTRALIA]

No. 35

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  21  NOVEMBER  2007

 

 

 

   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), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers, Question Time, Statements on Matters of Interest and Notices of Motion and Orders of the Day (Private Business) 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 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Education (Compulsory Education Age) Amendment 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.

 

Education
(Compulsory
Education Age)
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. 4.

 

Postponement
of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Senior Secondary Assessment Board of South Australia (Review) Amendment 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.

 

Senior Secondary
Assessment of
South Australia
(Review)
Amendment Bill.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 2, No. 3 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Possession of Prescribed Equipment) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned and ordered to be resumed on motion.

 

Controlled
Substances
(Possession of
Prescribed
Equipment)
Amendment Bill.

 

10.

At two minutes 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.

 

11.

The President informed the Council that he held a Commission from His Excellency the Governor authorising him to administer the Oath or Affirmation to Members of the Legislative Council.

 

Commission to
Swear.

12.

The President produced a letter from the Clerk of the Assembly notifying that the Assembly of Members of both Houses of Parliament had elected Mr. J. A. Darley to fill the vacancy in the Legislative Council caused by the resignation of the Hon. N. Xenophon.

                 The Oath of Allegiance was then administered to, and subscribed by, the Hon. J. A. Darley who then signed the Roll pursuant to Standing Order No. 28.

 

Notification of
Election of
New Member -
Member Sworn -
Hon. J. A. Darley.

13.

The President laid on the Table the Minutes of the Assembly of Members of the two Houses held on Wednesday, 21 November 2007, to fill a vacancy in the Legislative Council caused by the resignation of the Hon. N. Xenophon.

                 Ordered to be printed.  (Paper No. 171)

 

Legislative Council
Vacancy.
Assembly of
Members of the
two Houses -
Minutes.

 

  14.

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

        By the President -

   Auditor-General - Supplementary Report for the year ended 30 June 2007 - Agency Audit Reports.

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

                 Reports, 2006-2007 -

                          Department for Administrative and Information Services.

                          Department of the Premier and Cabinet.

                          Disciplinary Appeals Tribunal.

                          Freedom of Information Act 1991.

                          Privacy Committee of South Australia.

                          The Disability Information and Resource Centre.

                          WorkCover SA (erratum).

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

                 Planning Strategy for South Australia - Report, 2006-2007.

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

                 Reports, 2006-2007 -

                          Chicken Meat Industry Act 2003.

                          Primary Industries and Resources South Australia.

                          The South Australian Potato Industry Trust.

                          Veterinary Surgeons Board of South Australia.

 

Papers.

15.

The Hon. J. M. Gazzola brought up the Eleventh Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Eleventh Report,
2007.

 

16.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning an Alleged Case of Fraud at the Royal Adelaide Hospital.

 

Ministerial
Statement Tabled.

17.

The Minister for Police, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. J. A. Darley be appointed to the Legislative Review Committee in place of the Hon. A. M. Bressington, resigned.

                 Question put and passed.

 

Legislative Review
Committee -
Appointment of
Member.

 

18.

The Minister for Police, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. A. M. Bressington be appointed to the Statutory Authorities Review Committee in place of the Hon. N. Xenophon, resigned.

                 Question put and passed.

 

Statutory Authorities
Review Committee -
Appointment of
Member.

 

19.

The Minister for Police, by leave and without notice, moved - That pursuant Section 21(3) of the Parliamentary Committees Act 1991, the Hon. J. A. Darley be appointed to the Occupational Safety, Rehabilitation and Compensation Committee in place of the Hon. N. Xenophon, resigned.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Appointment of
Member.

 

20.

The Minister for Police, by leave and without notice, moved - That pursuant Section 21(3) of the Parliamentary Committees Act 1991, the Hon. S. M. Kanck be appointed to the Statutory Officers Committee in place of the Hon. N. Xenophon, resigned.

                 Question put and passed.

 

Statutory Officers
Committee -
Appointment of
Member.

 

21.

The Hon. R. I. Lucas, 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  Collection of Property Taxes by State and Local Government, including Sewerage Charges by 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. R. I. Lucas then moved - That the Hon. J. A. Darley be substituted in the place of the Hon. N. Xenophon, resigned, on the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water.

                 Question put and passed.

 

Select Committee
on Collection of
Property Taxes by
State and Local
Government,
including Sewerage
Charges by
SA Water -
Substitution of
Member.

 

22.

The Hon. R. I. Lucas, 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  Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004.

                 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. R. I. Lucas then moved - That the Hon. J. A. Darley be substituted in the place of the Hon. N. Xenophon, resigned, on the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004.

                 Question put and passed.

 

Select Committee
on
Allegedly
Unlawful Practices
Raised in the
Auditor-General’s
Report, 2003-2004
-
Substitution of
Member.

 

23.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. P. Wortley to ask a question of the Minister for Environment and Conservation and for her to complete her 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.

24.

The President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

25.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Genetically Modified Crops Management Act 2004.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 February 2008.

 

Genetically Modified
Crops Management
(Extension of
Controls)
Amendment Bill.

26.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Environment,
Resources and Development Committee on Coastal Development, be noted.

                 On motion of the Hon. M. C. Parnell, the debate was adjourned until Wednesday, 13 November 2008.

 

Environment,
Resources and
Development
Committee -
Report on Coastal
Development.

 

27.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 13 November 2008.

 

Postponement
of Business.

28.

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

            I.   That this Council notes -

(a)     The release this week of the final part of the Fourth Assessment Report of the International Panel on Climate Change; and

(b)    That a two degrees Celsius (median value) increase in global average surface temperatures above pre-industrial levels is accepted by the European Union as the limit beyond which there will be sufficient adverse impacts on the Earth’s biogeophysical systems, animals and plants to constitute “dangerous” climate change;

          II.   And agrees that the imperative of constraining global temperature increase to no more than two degrees above pre-industrial levels should underpin government policy responses to global warming.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 February 2008.

 

Climate Change -
Motion re.

29.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Genetically Modified Crops Management Act 2004.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 February 2008.

 

Genetically Modified
Crops Management
(Right to Damages)
Amendment Bill.

30.

Ordered - That Notice of Motion (Private Business) No. 6 be an Order of the Day for Wednesday, 13 November 2008.

 

Postponement
of Business.

31.

Order of the Day read for the Report of the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water, to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on Collection of
Property Taxes by
State and Local
Government,
including
Sewerage Charges
by SA Water.

 

32.

Order of the Day read for the Report of the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on Pricing, Refining,
Storage and Supply
of Fuel in
South
Australia
.

33.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report 2003-2004 to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on Allegedly
Unlawful Practices
Raised in the
Auditor-General’s
Report 2003-2004.

 

34.

Order of the Day read for the Report of the Select Committee on the Atkinson/Ashbourne/Clarke Affair to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

 

Select Committee
on the Atkinson/
Ashbourne/
Clarke Affair.

35.

Order of the Day read for the Report of the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on the Selection
Process for the
Principal at the
Elizabeth Vale
Primary School.

 

36.

Order of the Day read for the Report of the Select Committee on Families SA to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on Families SA.

37.

Order of the Day read for the Report of the Budget and Finance Committee to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Budget and
Finance Committee.

38.

Order of the Day read for the Report of the Select Committee on SA Water to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 23 July 2008.

 

Select Committee
on SA Water.

39.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. K. Hunter - That the Report of the Social Development Committee on its Inquiry into Gestational Surrogacy, be noted:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 February 2008.

 

Social Development
Committee -
Report on Inquiry
into Gestational
Surrogacy.

40.

Ordered - That Orders of the Day (Private Business) No. 10 to No.  12 be Orders of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

41.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington - That this Council urges the Government to reconsider its Road Side Drug Testing Policy given that the Drug Wipe Test using the Cozart Rapsican Chromographer failed to meet international standards for the detection of illicit drugs:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 February 2008.

 

Road Side Drug
Testing Policy -
Motion re.

42.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. M. Bressington - That this Council condemns -

            I.   The practices of the WorkCover Corporation in both the administration of the fund and in the treatment of injured workers and the lack of support and rehabilitation for those workers;

          II.   The Premier for backing down from his call for a Royal Commission or similar wide-ranging inquiry into allegations of corruption by WorkCover in May 1997, whilst Leader of the Opposition; and

         III.   Other parties for allowing WorkCover to languish in dysfunction since that time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 13 February 2008.

 

WorkCover
Corporation -
Motion re.

43.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

44.

Ordered - That Order of the Day (Private Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement
of Business.

45.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 21 be Orders of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

  46.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed:

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

 

Prevention  of
Cruelty to Animals
Act - Regulations -
Rodeos - Motion for
disallowance of.

47.

At 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.

 

  48.

Ordered - That the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Rodeos, made on 16 August 2007 and laid on the Table of this Council on 11 September 2007, be disallowed - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Prevention of
Cruelty to Animals
Act - Regulations -
Rodeos - Motion for
disallowance of.

49.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

50.

Ordered - That the adjourned debate on the question - That the Summary Offences (Drug Paraphernalia) Amendment Bill be now read a second time - be now resumed.

                 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 Wednesday, 13 February 2008.

 

Summary Offences
(Drug Paraphernalia)
Amendment Bill.

51.

Ordered - That Orders of the Day (Private Business) No. 24 to No. 28 be Orders of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

52.

On the Order of the Day being read for the adjourned debate on the question - That the Independent Commission Against Crime and Corruption Bill be now read a second time:

                 Debate resumed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on Wednesday, 13 February 2008.

 

Independent
Commission Against
Crime and
Corruption Bill.

53.

Ordered - That Orders of the Day (Private Business) No. 30 to No. 35 be Orders of the Day for Wednesday, 13 February 2008.

 

Postponement
of Business.

54.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Outdoor Eating Areas) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 13 February 2008.

 

Tobacco Products
Regulation (Outdoor
Eating Areas)
Amendment Bill.

55.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 13  February 2008.

 

Postponement
of Business.

56.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Education (Compulsory Education Age) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 19 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 Emergency Services, 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.

 

Education
(Compulsory
Education Age)
Amendment Bill.

57.

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

 

Postponement
 of Business.

58.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day of Sitting.

59.

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

Message No. 58

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for a system of marine parks for the State; to make consequential amendments to certain other Acts; and for other purposes, without any amendment.

House of Assembly, 20 November 2007.                                                             J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Marine Parks Bill.

 

 

Message No. 59

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, without any amendment.

House of Assembly, 21 November 2007.                                                             J. J. SNELLING, Speaker.

 

Tobacco Products
Regulation
(Miscellaneous)
Amendment Bill.

60.

Council adjourned at ten minutes to eleven o’clock until tomorrow at eleven o’clock a.m.

 

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