SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  23  MAY  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.

Answers to Questions on Notice No. 1 and No. 185 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions
on Notice.

 

    3.

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

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

                 Transparency Statement - Water and Wastewater Prices in Metropolitan and Regional South Australia - Report, 2005-06 - Parts A, B and C.

        By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Children in State Care - Commission of Inquiry - Interim Report.

Ordered - That the Interim Report be published in accordance with section  12 of the Civil Liability Act 1936.

                 Regulation under the following Act -

                          WorkCover Corporation Act 1994 - Claims Management Agreement.

 

Papers.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Onesteel Project Magnet and the Community Benefits through Regulatory Certainty.

 

Ministerial
Statement Tabled.

 

   5.

The Hon. R. K. Sneath, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council this day.

                 Question put and passed.

 

Natural Resources
Committee -
Leave for
Members to sit
during sitting
of the Council.

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Public Sector Management (Chief Executive Accountability) Amendment Bill.

 

In the Committee

 

                                   Clauses No. 1 to No. 4 agreed to.

                                   Clause No. 5 read.

                          The Hon. S. M. Kanck moved on page 3, line 5, to leave out “Premier and the”.

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

                          The Hon. S. M. Kanck moved on page 3, lines 14 and 15, to leave out all words in these lines and insert “time under the contract relating to the Chief Executive’s”.

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

                                   Clause No. 5, as otherwise amended, agreed to.

                                   Clause No. 6 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 an 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.

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

                 Debate ensued.

                 Question put.

Public Sector
Management
(Chief Executive
Accountability)
Amendment Bill.

 

 

             Council divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. J. F. Stefani

The Hon. N. Xenophon (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 and No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Fire and Emergency Services 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 and No. 2 agreed to.

                                   Clause No. 3 read.

                          The Hon. A. J. Redford moved on page 9, lines 3 and 4, to leave out the definition of associate member and insert the following:

appointed member of the Board means a member of the Board appointed by the Governor under section 11(1)(e);”.

                          Question - That the amendment be agreed to - put.

Fire and
Emergency
Services Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

                                   Clause No. 3, as amended, agreed to.

                                   Clause No. 4 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 next day of sitting.

 

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5, No. 7 and No. 9 to No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Order of the Day (Government Business) No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement
of Business.

 

12.

The Minister for Emergency Services, according to order, brought up the Report of the Select Committee on the Naracoorte Town Square Bill, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 197)

                 Ordered - That the Naracoorte Town Square Bill be recommitted to a Committee of the Whole Council on next day of sitting.

 

Select Committee
on the Naracoorte
Town Square Bill.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Mining (Royalty) 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 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.

 

Mining (Royalty)
Amendment Bill.

 

14.

Council adjourned at twenty-one minutes past six 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

 

Member absent on leave - The Hon. T. G. Roberts