SOUTH AUSTRALIA]

No. 54

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  23  SEPTEMBER  2009

 

 

 

   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 Mineral Resources Development (The Hon. P. Holloway) by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. John Carnie, former Member of the House of Assembly and of the Legislative Council, and places on record its appreciation of his distinguished and meritorious public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. D. W. Ridgway and the Hon. R. I. Lucas:

                 Motion carried in silence, Members standing in their places.

 

Death of
Mr. J. A. Carnie..

   3.

At twenty-nine minutes to three o’clock the sitting was suspended until the ringing of the bells.

                 At thirteen minutes to three o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-Sixth Report, 2008-2009, 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 -

Petroleum Act 2000 - Fees.

Passenger Transport Act 1994 - General - Fees.

 

Legislative Review
Committee -
Twenty-Sixth
Report, 2008-2009.

 

    5.

The Hon. J. M. Gazzola brought up the Twenty-Seventh Report, 2008-2009, of the Legislative Review Committee.

Legislative Review
Committee -
Twenty-Seventh
Report, 2008-2009.

 

    6.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Magill Training Centre.

 

Ministerial
Statement Tabled.

   7.

The Minister for State/Local Government Relations, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J. M. Gazzola to ask a question of her 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.

   8.

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

 

Statements on
Matters of Interest.

    9.

The Hon. D. N. Winderlich, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Serious and Organised Crime (Control) Act 2008.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. N. Winderlich then moved - That the Bill be now read a second time.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 14 October 2009.

 

Serious and
Organised Crime
(Control)
(Miscellaneous)
Amendment Bill.

  10.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Legislative Review Committee on an Inquiry into the Aquaculture Variation Regulations 2008 and Aquaculture Variation Regulations 2009, be noted.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 14 October 2009.

 

Legislative Review
Committee - Report
on Inquiry into
Aquaculture
Variation
Regulations 2008
and Aquaculture
Variation
Regulations 2009,
be noted -
Motion re.

  11.

Ordered - That Notice of Motion (Private Business) No. 3 be postponed and taken into consideration after Notice of Motion (Private Business) No. 5.

 

Postponement
of Business.

  12.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council -

    I.      Notes that -

(a)     The young people detained in the Magill Youth Training Centre in South Australia are being held in degrading conditions; and

(b)    In the assessment of the 2009 Australian Youth Representative to the United Nations, Mr. Chris Varney, this represents a breach of the United Nations Convention on the Rights of the Child.

   II.      Recognises that in 2006 the South Australian Labor Government acknowledged that the centre was in need of replacement as it breached modern building codes and occupational health and safety requirements; and

III.      Calls on the South Australian Government to keep its election promise and urgently build a new facility to replace the Magill Youth Training Centre.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Magill Youth
Training Centre -
Motion re.

  13.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Workers
Rehabilitation and
Compensation
(Income
Maintenance)
Amendment Bill.

 

  14.

The Hon. S. G. Wade, pursuant to notice, moved - That the General Regulations under the Public and Environmental Health Act 1987 concerning Control of Refuse, made on 17 September 2009 and laid on the Table of this Council on 22 September 2009, be disallowed.

                 On motion of the Hon. R. L. Brokenshire, the debate was adjourned until Wednesday, 14 October 2009.

 

Public and
Environmental
Health Act -
Regulations -
Control of Refuse -
Motion for
Disallowance of.

 

  15.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Births, Deaths and Marriages Registration Act 1996.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Births, Deaths
and Marriages
(Change of Name)
Amendment Bill.

 

  16.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Legislative Council -

    I.      Notes the Premier’s announcement that privatisation will be the major issue at the next State election.

   II.      Notes the Deputy Premier’s statement contradicting the Premier’s announcement.

III.      Considers that a more significant issue is Labor’s mismanagement over many years of the financial affairs of South Australia, particularly in relation to State-owned enterprises, including the State Bank.

IV.      Regrets that neither the Premier, nor his Government, have apologised to the people of South Australia for the damage caused by their mis-management.

   V.      Urges electors to remember Labor’s record, not its rhetoric.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Labor Government -
Motion re.

  17.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Consent to Medical Treatment and Palliative Care Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Consent to Medical
Treatment and
Palliative Care
(Parental Consent)
Amendment Bill.

  18.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend Environment Protection Act 1993; and to make a consequential amendment to the Land and Business (Sale and Conveyancing) Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 14 October 2009.

 

Environment
Protection
(Right to Farm)
Amendment Bill.

 

  19.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 14 October 2009.

 

Postponement
of Business.

  20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Select Committee on Conduct of PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries, be noted:

                 Debate resumed.

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

 

Select Committee on
Conduct of PIRSA in
Fishing of Mud
Cockles in Marine
Scalefish and Lakes
and Coorong Pipi
Fisheries, Report
be noted -
Motion re.

21.

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

Message No. 91

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Constitution Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development 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.

 

Messages from
House of Assembly:
Constitution
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation)
Amendment Bill.

 

Message No. 92

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the submission of the Constitution (Reform of Legislative Council and Settlement of Deadlocks on Legislation) Amendment Bill 2009 to a referendum, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development 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.

 

Referendum
(Reform of
Legislative Council
and Settlement of
Deadlocks on
Legislation) Bill.

22.

At two 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.

 

  23.

Ordered - That the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Select Committee on Conduct of PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries, be noted - be now resumed.

                 Question put and passed.

Select Committee on
Conduct of PIRSA in
Fishing of Mud
Cockles in Marine
Scalefish and Lakes
and Coorong Pipi
Fisheries, Report
be noted -
Motion re.

  24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Natural Resources Committee on the South Australian Murray Darling Basin Natural Resources Management Board Levy Proposal, 2009-2010, be noted:

                 Question put and passed.

 

Natural Resources
Committee - Report
on the South Australian Murray Darling Basin
Natural Resources
Management Board
Levy Proposal,
2009-2010, be noted -
Motion re.

 

  25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley -  That the Report of the Natural Resources Committee on Northern and Yorke Natural Resources Management Board Levy Proposal, 2009-2010, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Northern and
Yorke Natural Resources Management Board
Levy Proposal,
2009-2010, be noted -
Motion re.

 

  26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley -  That the Report of the Natural Resources Committee on Eyre Peninsula Natural Resources Management Board Levy Proposal, 2009-2010, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
on Eyre Peninsula
Natural Resources
Management Board
Levy Proposal,
2009-2010 be noted -
Motion re.

  27.

Ordered - That Orders of the Day (Private Business) No. 8 to No. 12 be Orders of the Day for Wednesday, 14 October 2009.

 

Postponement
of Business.

  28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. N. Winderlich - That this Council -

    I.      Remembers that at least 40,000 Timorese civilians were killed as a result of their assistance to Australia in the Second World War;

   II.      Regrets that there has been no official recognition of the role of the Timorese in assisting Australia in World War II;

III.      Notes that the United Kingdom awarded the Island of Malta the George Cross on 15 April 1942 to honour the courage of its people;

IV.      Supports the call by the Mary Mackillop East Timor Mission for the Nation of East Timor to be given the Award of the Companion of the Order of Australia for the extraordinary service rendered by the Timorese people to Australia during World War II; and

   V.      Conveys its support for the awarding of the Companion of the Order of Australia to the Australian Honours Secretariat in Canberra:

                 Debate resumed.

                 The Hon. D. W. Ridgway moved, after paragraph III, to insert new paragraph IIIA as follows:

“IIIA.  Notes the contribution of the Howard Government in helping East Timor to achieve independence.”.

                 Question - That paragraph IIIA, proposed to be inserted by the Hon. D. W. Ridgway, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. D. N. Winderlich and as amended by the Hon. D. W. Ridgway, be agreed to - put and passed.

 

Timorese Assistance
to Australia in
World War II -
Recognition of -
Motion re.

  29.

Ordered - That Order of the Day (Private Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  30.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 14 October 2009.

 

Postponement
of Business.

  31.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Regulated Trees) 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 amended and agreed to.

                          New Clause No. 5A inserted.

                          New Clause No. 5B inserted.

                          Clause No. 6 amended and agreed to.

                          New Clause No. 6A inserted.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          New Clause No. 11 inserted.

                          Schedule 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 Mineral Resources Development, 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 Hon. D.G.E. Hood then moved - That the Bill be now read a third time.

                 Debate ensued.

                 Question put.

Development
(Regulated Trees)
Amendment Bill.

 

             Council divided:

Ayes, 10

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. D.G.E. Hood (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D. W. Ridgway (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

  32.

Ordered - That the adjourned debate on the motion of the Hon. I. K. Hunter  - That the Report of the Social Development Committee on an Inquiry into Bogus, Unregistered and Deregistered Health Practitioners, be noted - be now resumed.

                 Question put and passed.

 

Social Development
Committee - Report
on Inquiry into
Bogus, Unregistered
and Deregistered
Health Practitioners,
be noted -
Motion re.

 

  33.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell - That this Council notes with concern the potential for conflict of interest in the development of the 30 Year Plan for Greater Adelaide:

                 Debate resumed.

Potential Conflicts
of Interest in
30 Year Plan for
Greater Adelaide -
Motion re.

 

                 During debate the President drew attention to Standing Order No. 190 which prohibits reference to proceedings of a Select Committee until such proceedings have been reported to the Council.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 14 October 2009.

 

Breach of SO 190.

  34.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 24 be Orders of the Day for Wednesday, 14 October 2009.

 

Postponement
of Business.

  35.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Abuse in State Care (Compensation) Bill be now read a second time:

                 Debate resumed.

Victims of Abuse
 in State Care
(Compensation) Bill.

 

_____________________

 

And it being twelve of the clock:

THURSDAY 24 MAY 2009

_____________________

 

 

 

                 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.

                          Clause No. 6 read.

                 The Hon. R. L. Brokenshire moved on page 4, line 5, to leave out “$43 000” and insert “$50 000”.

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

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 13 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 Mineral Resources Development, 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.

 

 

  36.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 14 October 2009.

 

Postponement
of Business.

  37.

Ordered - That Notice of Motion (Government Business) No. 1 be an Order of the Day for Tuesday, 13 October 2009.

 

Postponement
of Business.

  38.

The Minister for State/Local Government Relations, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Natural Resources Management Act 2004 and to repeal the Trade Measurement Act 1993 and the Trade Measurement Administration Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations then moved - That the Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Statutes Amendment
and Repeal (Trade
Measurement) Bill.

  39.

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

 

Postponement
of Business.

40.

The following Message from the House of Assembly was received and read:

Message No. 93

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the making and enforcement of unexplained wealth orders; to make related amendments to the Criminal Assets Confiscation Act 2005; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 September 2009.                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Serious and
Organised Crime
(Unexplained
Wealth) 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 four 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. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo