SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  MARCH  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Hon. J. M. Gazzola brought up the Fifteenth Report, 2003-2004 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 -

Plumbers, Gas Fitters and Electricians Act 1995 - Exemptions.

 

Legislative
Review
Committee -
Fifteenth Report,
2003-2004.

 

   3.

The Hon. J. M. Gazzola brought up the Sixteenth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Sixteenth Report,
2003-2004.

 

 

    4.

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

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Road Traffic Act 1961 - Testing of Photographic Detection Devices.

                 Rule of Court - District Court -

                          District Court Act 1991 - Inactive Cases.

 

Papers.

 

   5.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the APY Lands.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for State/Local Government Relations (The Hon. R. J. McEwen, M.P.) concerning the State/Local Government Relations Agreement.

 

Ministerial
Statement Tabled.

 

   7.

The Hon. R. D. Lawson, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion in lieu of Question Time and for the motion to be voted on before the calling on of Business of the Day.

Suspension of
Standing Orders.

 

 

                 Question put.

                 And there being a dissentient voice, the Council proceeded to divide.

                 There being only the Teller for the Noes, the President ordered the Member who had previously dissented to take his place accordingly.

 

 

 

             Council divided:

Ayes, 19

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

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. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

                The Hon. R. D. Lawson (Teller)

 

Noes, 2

The Hon. T. G. Roberts

The Hon. G. E. Gago (Teller)

 

 

 

 

 

          So it was resolved in the affirmative, there being present an absolute majority of the whole number of Members of the Council.

 

 

 

          The Hon. R. D. Lawson moved - That this Council censures the Rann Government and the Minister for Aboriginal Affairs and Reconciliation for -

           I.          their failure to provide a timely and adequate response to the recommendations made in September 2002 by the State Coroner in relation to petrol sniffing on the Anangu Pitjantjatjara (AP) Lands;

           II.         their failure to insist that the AP Executive Board face election at the last annual general meeting of the Anangu Pitjantjatjara;

           III.        their refusal to accept responsibility for the delays in providing effective health, welfare, police and other services for people on the lands; and

           IV.        attempts by the Rann Government to transfer blame to the Executive Board of AP for the failures of the Government to address issues on the AP lands.

                 Debate ensued.

                 The Hon. S. M. Kanck moved to amend the motion by leaving out the words “and the Minister for Aboriginal Affairs and Reconciliation”.

                 Question - That the amendment moved by the Hon. S. M. Kanck be agreed to - put and passed.

                 Question - That the motion moved by the Hon. R. D. Lawson, and as amended by the Hon. S. M. Kanck, be agreed to - put.

Censure of
Rann  Government
and Minister for
Aboriginal Affairs
and Reconciliation -
Motion re.

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

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. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 7

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

   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.

At six 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.

 

10.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

12.

The Hon. N. Xenophon, pursuant to notice, moved -

               I.      That a Select Committee of the Legislative Council be established to inquire into and make recommendations on the role and adequacy of Government funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and, in particular, to examine -

                       (a)     the current and long-term distribution of Government funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     the effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     the effects on the arts, sporting and cultural life in South Australia, including whether Government funded national broadcasters adequately service South Australia;

                       (d)     whether Government funded national broadcasters adequately service South Australia in respect of South Australian current affairs and sports coverage; and

                       (e)     the programming mix available from Government funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

            IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Debate ensued.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Role and Adequacy
of Government
Funded National
Broadcasting -
Motion re.

 

13.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on an Inquiry into Wind Farms, be noted.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday next.

Environment,
Resources and
Development
Committee - Report
on an Inquiry into
Wind Farms
to be noted -
Motion re.

 

 

14.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Development Act 1993.

                 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. N. Xenophon, the debate was adjourned until Wednesday next.

 

Development
(Protection of
Solar Collectors)
Amendment Bill.

 

15.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health Safety and Welfare Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Occupational Health,
Safety and Welfare
(Asbestos Removal
Work) Amendment
Bill.

 

16.

The Hon. N. Xenophon, pursuant to notice, moved - That this Council requests that the Statutory Authorities Review Committee inquire into the following:

               I.      The implementation by the Medical Board of South Australia of its functions and powers with a view to -

                       (a)     ensuring that the community is adequately provided with medical services of the highest standard; and

                       (b)     achieving and maintaining the highest professional standards both of competence and conduct in the practice of medicine.

             II.      The effectiveness of the Medical Board of South Australia in ensuring its statutory functions and powers are carried out diligently and responsibly.

            III.      The role of, and the effectiveness of, the Medical Board of South Australia in ensuring that patients are not subject to undue harm, particularly the risk of infection from blood borne communicable diseases.

            IV.      Whether the Medical Board of South Australia is adequately resourced and funded to deal with complaints and their subsequent investigation.

             V.      Any other relevant matter.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Functions and
Powers of
Medical  Board of
South Australia -
Statutory Authorities
Review Committee
to inquire into -
Motion re.

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 29 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Statutory Compensation for Victims of Certain Sexual Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Victims of Crime
(Statutory
Compensation for
Victims of Certain
Sexual Offences)
Amendment Bill.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 31 to No. 46 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Legislative Council notes that the Attorney-General, The Hon. M. J. Atkinson, M.P., in a Ministerial Statement given to the House of Assembly on Monday, 22 September 2003 -

               I.      acknowledged that he misled Parliament in giving a Ministerial Statement on 1 April 2003;

             II.      apologised for not including Justice Mullighan’s ruling in the said Ministerial Statement;

            III.      failed to apologise to Professor Thomas for suggesting that Professor Thomas was not a qualified forensic pathologist;

            IV.      failed to apologise to Professor Thomas for alleging that Professor Thomas had not carried out a post mortem investigation on a homicide case in South Australia;

             V.      failed to apologise to Professor Thomas for suggesting that Professor Thomas was a person who was not inclined to give impartial or independent evidence to courts;

            VI.      failed to apologise to Professor Thomas for suggesting that Professor Thomas gave evidence to a court that was unreliable and unsatisfactory;

           VII.      suggested that a delay of nine weeks to partially correct a misleading statement to the Parliament complies with the Ministerial Code of Conduct’s requirement that Ministers have a responsibility to ensure that errors are “corrected or clarified as soon as possible”; and

         VIII.      blamed others for the incorrect facts alleged in the Ministerial Statement:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

Matters relating
to Ministerial
Statement made by Attorney-General -
Motion re.

 

 

             Council divided:

Ayes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 48 and No. 49 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

22.

The Minister for Industry, Trade and Regional Development, by leave, and at the request of the Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Authorised Betting Operations Act 2000.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Authorised Betting
Operations
(Betting Review)
Amendment Bill.

 

23.

The Minister for Industry, Trade and Regional Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gas Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Gas (Temporary
Rationing)
Amendment Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 45 from the House of Assembly relating to the Summary Offences (Offensive Weapons) Amendment Bill.

 

In the Committee

 

                 The Minister for Industry, Trade and Regional Development moved - That the amendment be not insisted on.

                          Question - That the amendment be insisted on - put.

Summary Offences
(Offensive Weapons)
Amendment Bill.

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

Noes, 8

The Hon. A. L. Evans

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. P. Holloway (Teller)

 

 

 

        And there being an equality of votes, the President gave his casting vote to the Noes.

_____________________

 

 

 

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

26.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

27.

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

 

Next Day
of Sitting.

 

28.

Council adjourned at eleven minutes past ten o’clock until tomorrow at eleven o’clock a.m.

 

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. C. Zollo

The Hon. N. Xenophon