SOUTH AUSTRALIA]

No. 36

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  22  NOVEMBER  2006

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the President -

Supplementary Report of the Auditor-General 2005-2006 - Matters Arising from the Further Audit Examination of the Criminal Law (Forensic Procedures) Act 1998 and Other Matters.

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

                 Reports, 2005-2006 -

                          Courts Administration Authority.

                          Guardianship Board of South Australia.

                          State Coroner.

                 Claims Against the Legal Practitioners Guarantee Fund - Report, 2005-2006.

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

                 Inquiry into the Death in Custody of Michael John Hulsinga - Report.

                 Inquiry into the Death in Custody of Darryl Kym Walker - Report prepared by the Department for Correctional Services.

        By the Minister for Road Safety (The Hon. C. Zollo) -

                 Speed Management - Report, 2005-2006.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Reports, 2005-2006 -

                          Land Board.

                          Radiation Protection and Control Act 1982.

                          South Australian Heritage Council.

          By the Minister for Mental Health and Substance Abuse (The Hon. G. E. Gago) -

                 Inquiry into the Death in Custody of Darryl Kym Walker - Report prepared by the Department of Health.

 

Papers.

   3.

The Hon. J. M. Gazzola brought up the Fourteenth Report, 2006, of the Legislative Review Committee.

Legislative
Review
Committee -
Fourteenth Report,
2006.

 

   4.

The Hon. J. M. Gazzola brought up the Fifteenth Report, 2006, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Pastoral Land Management and Conservation Act 1989 - General.

Primary Industry Funding Schemes Act 1998 - Grain Growers Rail Fund.

 

Legislative
Review
Committee -
Fifteenth Report,
2006.

 

   5.

The Minister for Emergency Services (The Hon. C. Zollo), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning the South Australian Certificate of Education.

 

Ministerial
Statement Tabled.

   6.

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. N. Xenophon to ask a question of him and for the Minister to complete his reply and for the Minister to give Notices of Motion after the time for giving Notices had expired.

                 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 Hon. N. Xenophon, in asking a Question without Notice, by leave, tabled a copy of a diagram titled “Cheltenham Racecourse Preferred Development Option”.

 

Document Tabled.

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

    9.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council requests that the Treasurer, under section 32 of the Public Finance and Audit Act 1987, requests that the Auditor-General examine and report on all aspects of the performance and management of the WorkCover Corporation and, in particular, report on the reasons for recent increases in the level of unfunded liability and levy rates.

                 On motion of the Hon. J. M. Gazzola, the debate adjourned until next day of sitting.

 

Performance and
Management of
WorkCover
Corporation -
Auditor-General
to examine -
Motion re.

  10.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debated on the question - That the WorkCover (Auditor-General) 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.

 

WorkCover
(Auditor-General)
Amendment Bill.

  12.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 14 be Orders of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debated on the question - That the Summary Offences (Ticket Scalping) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 6 December 2006.

       

Summary Offences
(Ticket Scalping)
Amendment Bill.

  14.

Ordered - That Orders of the Day (Private Business) No. 16 and No. 17 be Orders of the Day for Wednesday, 6 December 2006.

 

Postponement
 of Business.

  15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell -

            I.      That the Legislative Council calls on the Australian Government to insist that citizen of South Australia, Mr. David Hicks, be treated the same as citizens of the United States of America - no more, no less.

          II.      That this resolution be forwarded to the Minister for Foreign Affairs:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 6 December 2006.

 

Treatment of
Mr. David Hicks -
Motion re.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

18.

The Hon. A. M. Bressington, according to order, moved - That she have leave to introduce a Bill for an Act to provide for properly monitored treatment programs for substance abuse; to make related amendments to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; the Children’s Protection Act 1993; the Controlled Substances Act 1984; and the Education Act 1972; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 6 December 2006.

 

Monitored
Treatment
Programs Bill.

  19.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debated on the question - That the Local Government (Open Space) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 6 December 2006.

 

Local Government
(Open Space)
Amendment Bill.

  21.

Ordered - That Orders of the Day (Private Business) No. 24 to No. 27 be Orders of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

  22.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Expiation of Simple Cannabis Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 6 December 2006.

 

Controlled
Substances
(Expiation of Simple
Cannabis Offences)
Amendment Bill.

23.

Ordered - That Orders of the Day (Private Business) No. 29 to No. 32 be Orders of the Day for Wednesday, 6 December 2006.

 

Postponement
of Business.

24.

Ordered - That Order of the Day (Private Business) No. 33 be discharged.

 

Business Discharged.

 

25.

Ordered - That the Upper South East Dryland Salinity and Flood Management (Natural Resources Committee) Amendment Bill be withdrawn.

 

Upper South East
Dryland Salinity and
Flood Management
(Natural Resources
Committee) Amendment Bill.

 

26.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Southern State
Superannuation
(Insurance, Spouse
Accounts and
Other Measures)
Amendment Bill.

27.

The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Corporations Act 1994 and the Electricity Corporations (Restructuring and Disposal) Act 1999.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Electricity Industry
Superannuation
Scheme) Bill.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Residential Parks 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.

 

Residential Parks
Bill.

29.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

30.

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

 

Statutes Amendment
(Justice Portfolio)
Bill.

  31.

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

Message No. 59

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the conservation and management of aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; to repeal the Fisheries Act 1982 and the Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987; to make related amendments to other Acts; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 21 November 2006.                                                             J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Fisheries
Management Bill.

 

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Liquor Licensing Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 November 2006.                                                             J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Liquor Licensing
(Authorised Persons)
Amendment Bill.

.

32.

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.

 

33.

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

 

In the Committee

 

                          Clauses No. 1 to No. 49 agreed to.

                          Clause No. 50 read.

                 The Hon. R. D. Lawson moved on page 17, after line 5, to insert new subclause as follows:

                  “(1a)      Section 8B—after subsection (1) insert:

                                 (1a)      However, if the Commissioner or the Commissioner of Police is able to obtain a satisfactory record of fingerprints previously taken from a person referred to in subsection (1)(a) or (b), a request need not be made under subsection (1) in relation to that person.”.

                 Question - That the amendment be agreed to - put.

Statutes Amendment
(Justice Portfolio)
Bill.

 

             Committee divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

 

                          Clause No. 50, as amended and otherwise amended, agreed to.

                          Clause No. 51 amended and agreed to.

                          Clauses No. 52 to No. 57 agreed to.

                          Clause No. 58 amended and agreed to.

                          Clauses No. 59 to No. 70 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 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.

 

 

34.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Drink Spiking) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Drink Spiking)
Amendment Bill.

 

35.

On the Order of the Day being read for the adjourned debate on the question - That the Public Finance and Audit (Auditor-General Retirement Age) 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.

 

Public Finance
and Audit 
(Auditor-General
Retirement Age)
Amendment Bill.

 

36.

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

                 Debate resumed.

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

 

Statutes Amendment
(Public Sector
Employment) Bill.

 

37.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

38.

Council adjourned at eight minutes past ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo