SOUTH AUSTRALIA]

No. 84

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  22  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 16.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 56 of 2005 - An Act to provide for the appointment of justices of the peace; to repeal the Justice of the Peace Act 1991; and to make related amendments to various other Acts.

                 No. 57 of 2005 - An Act to amend the Liquor Licensing Act 1997.

                 No. 58 of 2005 - An Act to amend the River Murray Act 2003 and to make related amendments to the Development Act 1993 and the Renmark Irrigation Trust Act 1936.

Government House, Adelaide.                                           MARJORIE JACKSON-NELSON, Governor.

22 November 2005.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the President -

Report of the Auditor-General, 2004-2005 - Supplementary Report - Agency Audit Report - South Australian Housing Trust.

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2004-2005 -

                          Australasia Railway Corporation.

                          Capital City Committee - Adelaide.

                          Department for Transport, Energy and Infrastructure.

                          Land Management Corporation.

                          Legal Practitioners Education and Admission Council (LPEAC).

                          Operations of the Auditor-General’s Department.

                          Promotion and Grievance Appeals Tribunal Report of the Presiding Office.

                 Regulations under the following Acts -

                          Criminal Law Consolidation Act 1935 - Flinders Private Hospital.

                          Motor Vehicles Act 1959 - Speeding Demerit Points.

                          Road Traffic Act 1961 -

                                   Expiation Fees.

                                   Licence Disqualification.

                 Rule of Court - Magistrates Court - Magistrates Court Act 1991 - Cancellation of Probationary Licence.

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

                 Regulation under the following Act -

                          Development Act 1993 - Systems Indicators.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

Papers.

 

 

                 Reports, 2004-2005 -

                          Coast Protection Board.

                          Community Benefit SA.

                          Freedom of Information Act 1991.

                          Native Vegetation Council.

                          Office for the Ageing.

                          Office of the Liquor and Gambling Commissioner.

                          President of the Industrial Relations Commission and Senior Judge of the Industrial Relations Court.

                          State Supply Board.

                 Triennial Review of the South Australian Housing Trust Final Report - Report, 2005.

                 Regulations under the following Acts -

                          Heritage Places Act 1993 - General.

                          Liquor Licensing Act 1997 - Victor Harbor Holiday Dry Areas.

        By the Minister for Correctional Services (The Hon. T. G. Roberts) -

                 Regulation under the following Act -

                           Correctional Services Act 1982 - Prohibited Items.

        By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Chiropractors Board of South Australia.

                          Nurses Board of South Australia.

                          Occupational Therapists Registration Board of South Australia.

                          Pharmacy Board of South Australia.

                          Physiotherapists Board of South Australia.

                          SA Ambulance Service.

                          South Australian Psychological Board.

 

 

 

   4.

The Hon. G. E. Gago brought up the Report of the Social Development Committee on NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research 2004.

                 Ordered - That the Report be printed.  (Paper No. 236 )

 

Social Development
Committee - Report
on NHMRC Ethical
Guidelines on the
use of Assisted
Reproductive
Technology in
Clinical Practice
and Research 2004.

 

 

   5.

The Minister for Aboriginal Affairs and Reconciliation brought up the Report of the Aboriginal Lands Parliamentary Standing Committee, 2004-2005.

                 Ordered - That the Report be printed.  (Paper No. 235 )

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report, 2004-2005.

 

 

    6.

The Minister for Mental Health and Substance Abuse tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning Allegations made about Patient Care in the Health System.

 

Ministerial
Statement Tabled.

 

    7.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That, for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this Council resolves that such portion of the building known as “Tram Barn A” situated on land in Section 571, Hundred of Adelaide, as is determined by the Board of the Botanic Gardens and State Herbarium may be leased to the University of Adelaide for a period of up to 20 years on such terms and conditions as are determined by the Board for the purpose of the University establishing and operating an ancient and fragmentary DNA laboratory and carrying out related activities.

                 Debate ensued.

                 Question put and passed.

 

Botanic Gardens and
State Herbarium Act
1978 - section 14 -
Leasing of “Tram
Barn A” to
University of
Adelaide -
Motion re.

 

    8.

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

 

Postponement
of Business.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Local Government (Lochiel Park Lands) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. A. L. Evans moved - That the Chairperson report progress and ask leave to sit again.

                          Question put.

Local Government
(Lochiel Park Lands)
Amendment Bill.

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

  10.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  11.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Instruments of Crime) 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. 5 agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further 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.

 

Criminal Law
Consolidation
(Instruments of
Crime)
Amendment Bill.

 

  13.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

 

15.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

  16.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Drug Driving) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Road Traffic
(Drug Driving)
Amendment Bill.

 

  17.

At three minutes to 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.

 

  18.

Ordered - That the adjourned debate on the question - That the Road Traffic (Drug Driving) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Road Traffic
(Drug Driving)
Amendment Bill.

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Adelaide Park Lands Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. I. Gilfillan moved on page 5, lines 31 and 32, to leave out “(recognising that certain uses of the Park Lands may restrict or prevent access to particular parts of the Park Lands)”.

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

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 read.

                 The Hon. I. Gilfillan moved on page 11, lines 38 to 40, to leave out subclause (5).

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

                          Clause No. 15 agreed to.

                          Clause No. 16 read.

                 The Hon. I. Gilfillan moved on page 12, after line 25, to insert “(provided that the variation has been made in pursuance of a resolution of both Houses of Parliament in accordance with section 14(5)(a))”.

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

                          Clause No. 16 otherwise amended and agreed to.

                          Clause No. 17 agreed to.

                          Clause No. 18 read.

                 The Hon. I. Gilfillan moved on page 14, lines 10 and 11, to leave out “, other than a lease or licence that falls within any exception prescribed by the regulations for the purposes of this paragraph”.

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

                 The Hon. I. Gilfillan moved on page 14, lines 15 to 17, to leave out paragraph (e).

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

                 The Hon. I. Gilfillan moved on page 15, after line 3, to insert new subclause as follows:

“(9a)    A House of Parliament may resolve to disallow a proposal pursuant to a notice of motion given in the House within 14 sitting days after a copy of the management strategy (with any amendments) is laid before the House under subsection (9).”.

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

                          Clause No. 18 agreed to.

                          Clause No. 19 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.

 

Adelaide Park
Lands Bill.

 

  20.

At seventeen minutes to ten o’clock the sitting was suspended until the ringing of the bells.

                 At five minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  21.

Ordered - That Orders of the Day (Government Business) No. 9, No. 10 and No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Terrorism (Police Powers) 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.

 

Terrorism (Police
Powers) Bill.

 

  23.

Ordered - That Orders of the Day (Government Business) No. 9, No. 10 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  24.

On the Order of the Day being read for the adjourned debate on the question - That the Mile End Underpass 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.

 

Mile End
Underpass Bill.

 

  25.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning Pandemic Influenza.

 

Ministerial
Statement Tabled.

 

  26.

On the Order of the Day being read for the adjourned debate on the question - That the Transplantation and Anatomy (Post-Mortem Examinations) 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.

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

  27.

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

 

Postponement
of Business.

 

28.

Council adjourned at twenty-three minutes past eleven o’clock 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. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo