SOUTH AUSTRALIA]

No. 66

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  23  JULY  2008

 

 

 

   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), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession Bill.

   3.

The Hon. J. M. Gazzola brought up the Twenty-Second Report of the Legislative Review Committee, 2007-2008.

Legislative Review
Committee -
Twenty-Second Report, 2007-2008.

 

    4.

The following Paper was laid upon the Table, viz.:

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

                 Land Management Corporation - Charter.

 

Paper.

   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 Early Childhood Development.

 

Ministerial
Statement Tabled.

   6.

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

 

Statements on
Matters of Interest.


   7.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Natural Resources Committee on Natural Resource Management on Kangaroo Island, be noted.

                 Debate ensued.

                 Question put and passed.

 

Report of the
Natural Resources
Committee on
Natural Resources
Management on
Kangaroo Island,
be noted -
Motion re.

 

   8.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School, be noted.

                 Debate ensued.

                 Question put and passed.

Report of the Select
Committee on the
Selection Process for
the Principal at the
Elizabeth Vale
Primary School,
be noted -
Motion re.

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 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, 10 September 2008.

 

Controlled
Substances
(Palliative Use
of Cannabis)
Amendment Bill.

10.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Reports of the Natural Resources Committee on the South East Natural Resources Management Board Levy Proposal 2008-2009, Eyre Peninsula Natural Resources Management Board Levy Proposal 2008-2009, South Australian Murray Darling Basin Natural Resources Management Board Levy Proposal 2008-2009, Northern and Yorke Natural Resources Management Board Levy Proposal 2008-2009, and Adelaide and Mount Lofty Ranges Natural Resources Management Board Levy Proposal 2008-2009, be noted.

                 Question put and passed.

Reports of the
Natural Resources
Committee on the
South East,
Eyre Peninsula,
South Australian
Murray Darling
Basin, Northern and
Yorke, and Adelaide
and Mount Lofty
Ranges Natural
Resources
Management Board
Levy Proposals,
2008-2009,
be noted - 
Motion re.

 

11.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Legislative Council -

       I.    Notes the Resolution of the Residents of the Northern Flinders Ranges, viz:

             We the residents of the Northern Flinders Ranges move that the proposed current health plan is unacceptable in its current form, and request that the Minister himself consult with the residents of all towns that will be affected by any further drastic changes to hospitals and health services in their towns; and

     II.    Requires the Premier and Minister of Health to respond to the Resolution as a matter of urgency.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 10 September 2008.

 

Resolution of
Residents of the
Northern Flinders
Ranges be noted -
Motion re.

 

12.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Local Government Act 1999.

                 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, 10 September 2008.

 

Local Government
(Notice of Meetings)
Amendment Bill.

13.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide rights in relation to assemblies held for the purposes of genuine advocacy, protest, dissent or industrial action.

                 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. B. V. Finnigan, the debate was adjourned until Wednesday, 10 September 2008.

 

Right of Assembly
Bill.

14.

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 Committee have leave to sit during the recess and report on the first day of next Session.

 

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

 

15.

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:

                 The Hon. B. V. Finnigan tabled the Report of the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 255)

 

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

 

16.

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

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

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

 

17.

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 Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee
on Atkinson/
Ashbourne/Clarke
Affair.

18.

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

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Families SA.

19.

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

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Budget and Finance
Committee.

20.

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

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
SA Water.

21.

Order of the Day read for the Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Proposed
Sale and
Redevelopment of
the
Glenside
Hospital Site.

22.

Order of the Day read for the Report of the Select Committee on Impact of Peak Oil on South Australia to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Impact of Peak Oil
on
South Australia.

23.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next Session.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

24.

Ordered - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday, 10 September 2008.

 

Postponement
of Business.

25.

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

       I.    The following Actions under Objective 2 of the State Cycling Strategy (entitled Safety in Numbers) -

(a)     include in all new urban road projects or road upgrades safe, direct and attractive cycling facilities that are planned, designed, constructed and maintained in accordance with “Austroads, Guide to Traffic Engineering Part 14 - Bicycles”; and

(b)    extend and improve cycling routes along dedicated public transport corridors (e.g. Glenelg Tramway and the Willunga-Marino Rail Corridor);

     II.    State Government investment of over $500,000 so far on creating an uninterrupted cycle pathway between Glenelg and the City as part of the City to Glenelg Tramway Cycling Route project;

    III.    Strong support for a shared use pathway for pedestrians and cyclists across South Road as part of the public consultation on the South Road Upgrade Glenelg Tram Overpass project;

    IV.    The need for major transport infrastructure in response to declining fuel supplies and the need to reduce greenhouse pollution, to include appropriate facilities for cyclists and pedestrians;

     V.    Poorer public health outcomes in the western suburbs of Adelaide, emphasising the importance of providing active transport opportunities; and

    VI.    The negative impact on traffic flow along South Road if an on-demand street level crossing is provided to cyclists and pedestrians to enable safe passage across South Road;

and calls on the State Government to ensure that the proposed tram overpass across South Road at Black Forest includes a shared use path for cyclists and pedestrians along the elevated platform tram corridor.

                 Debate resumed.

                 Question put and passed.

 

Shared Use Path
for Cyclists on
South Road -
Motion re.

26.

At seven 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.

 

27.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 22 be postponed and taken into consideration after Order of the Day (Private Business) No. 23.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Regulations under the Fisheries Act 2007 concerning Pipi Units, made on 13 December 2007 and laid on the Table of this Council on 12 February 2008, be disallowed:

                 Debate resumed.

                 Question put.

Fisheries Act -
Regulations -
Pipi  Units -
Motion for
Disallowance of.

 

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 8

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

29.

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

       I.    The open letter sent to Premier Mike Rann from a group of prominent Australians calling on the Premier to ensure that opportunities are fully explored to integrate Port Adelaide’s maritime heritage and character into the Port Waterfront Redevelopment in an enlightened way;

     II.    The importance of historic working boatyards and related marine heritage as a tangible and integral element of the sense of place of Port Adelaide and LeFevre Peninsula;

and calls on the Premier to -

       I.    Allow the three remaining historic working boatyards in Jenkins Street, Birkenhead, another year of operation beyond 30 June 2008 to enable a thorough Burra Charter assessment of their significance; and

     II.    Ensure greater recognition of the importance of Port Adelaide’s marine heritage in the overall Port Waterfront Redevelopment.

                 Debate resumed.

                 Question put.

Port Adelaide
Heritage -
Motion re.

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. M. C. Parnell (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 8

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

30.

On the Order of the Day being read for the adjourned debate on the question - That the Marble Hill (Protection) Bill be now read a second time:

                 Debate resumed.

                 Question put.

Marble Hill
(Protection) Bill.

 

             Council divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

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. J.M.A. Lensink  (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                 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. 7 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.

                 Question - That the Bill be now read a third time - put.

 

 

             Council divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

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. J.M.A. Lensink  (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

31.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That the Regulations under the Public and Environmental Health Act 1987 concerning Controlled Notifiable Diseases, made on 1 May 2008 and laid on the Table of this Council on 6 May 2008, be disallowed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 10 September 2008.

 

Public and
Environmental
Health Act -
Regulations -
Notifiable Diseases -
Motion for
Disallowance of.

 

32.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Environment, Resources and Development Committee inquire into the environmental impacts of the proposed desalination plants at Port Stanvac and Port Bonython, and in particular -

       I.    the introduction of additional salts and chemicals into the marine environment;

     II.    the adequacy of tidal movements to disperse brine and chemicals;

    III.    the potential impact on a range of marine flora and fauna;

    IV.    the potential impact on commercial and recreational fishing sectors;

     V.    the potential impact of contamination leachate from the location; and

    VI.    any other matter.

                 Debate resumed.

                 Question put and passed.

 

Environmental
Impacts of Proposed
Desalination Plants
at Port Stanvac and
Port Bonython -
Environment,
Resources and
Development
Committee to
Inquire into -
Motion re.

33.

Ordered - That Orders of the Day (Private Business) No. 18, No. 20, No. 21, No. 25, No. 28, No. 35, No. 39 and No. 70 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

34.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 10 September 2008.

 

Postponement
of Business.

35.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

36.

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

 

Postponement
of Business.

37.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation Bill be now read a second time:

                 Debate resumed.

Appropriation Bill.

 

_____________________

 

And it being twelve of the clock:

THURSDAY 24 JULY 2008

_____________________

 

 

 

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next day of sitting.

 

 

38.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Budget 2008) 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.

 

Statutes Amendment
(Budget 2008) Bill.

39.

The Minister for Police, according to order, moved - That the Civil Liability (Food Donors and Distributors) Amendment Bill be now read a second time.

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

 

Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

 

40.

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

Message No. 116

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Emergency Services Funding Act 1998, the Land Tax Act 1936, the Pay-roll Tax Act 1971, the Stamp Duties Act 1923 and the Taxation Administration Act 1996 and to repeal the Taxation (Reciprocal Powers) Act 1989, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 July 2008.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Messages from
House of Assembly:
Statutes
Amendment and
Repeal (Taxation
Administration) Bill.

 

     

Message No. 117

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 July 2008.                                                                   J. J. SNELLING, Speaker.

                 Bill read a first time.

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

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

 

Summary Offences
(Indecent Filming)
Amendment Bill.

41.

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

 

Next Day of Sitting.

 

42.

Council adjourned at twenty nine minutes past twelve o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J. A. Darley

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