SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  OCTOBER  2007

 

 

 

   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 Hon. J. M. Gazzola brought up the Ninth Report, 2007, of the Legislative Review Committee.

Legislative
Review
Committee -
Ninth Report,
2007.

 

 

   3.

The Minister for Police (The Hon. P. Holloway), while making a Ministerial Statement, by leave, tabled a copy of an election pamphlet titled “Nick Xenophon for Upper House 2006” together with a copy of an advertisement appearing in the Advertiser on Friday, 17 March 2006.

 

Ministerial
Statement Tabled.

 

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier concerning the Santos Shareholder Cap.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning Land Acquisition for the Northern Expressway.

 

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. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Bail Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 14 November 2007.

 

Bail (Discretion)
Amendment Bill.

 

   8.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. W. Ridgway -

            I.   That pursuant to Section 16(1)(a) of the Parliamentary Committees Act 1991, the Statutory Authorities Review Committee enquire into and report on the WorkCover Corporation of South Australia (WorkCover), having regard to the extraordinary blow-out in the unfunded liability of WorkCover from $86 million in 2002 to $843 million in 2007, the failure of the Government to properly and adequately monitor and manage the unfunded liability of WorkCover, and the claim by WorkCover in January 2006 that the sole claims manager would achieve necessary liability reduction to deliver a fully funded scheme by 2012-2013, with particular regard to -

(a)     the deteriorating financial position of WorkCover;

(b)    the effectiveness of outsourcing the claims management to a sole claims manager;

(c)     the tender process and the probity of that process, leading to the appointment of the sole claims manager;

(d)    the exposure of WorkCover to the subprime financial market;

(e)     the 2007 actuarial report submitted to the WorkCover Board in September 2007; and

(f)     any other matters.

          II.   And that WorkCover provides copies of the following documents by 21 November 2007 -

(a)     any material provided to WorkCover by WorkCover’s Claims Management Agent of -

       i.    organisational charts;

      ii.    resources of the Agent which are applied in the performance of the Agent’s functions, including employee resource plans;

     iii.    resources provided by any other organisation or entity to the Agent in or in connection with the performance of the Agent’s functions; and

     iv.    commercial arrangements for the supply of the resources referred to in (ii) including details of any charges which the Agent is obliged to pay in respect of the supply of those resources, as required by clause 4.5 of the Claims Management Agreement (the Agreement), dated 26 February 2007;

(b)    organisational charts provided to WorkCover of all significant positions within the Claims Management Agent’s personnel, as required by clause 4.6 of the Agreement;

(c)     any documents and correspondence relating to WorkCover’s approval of persons to occupy the positions to be designated to be held by Key Agent Personnel, as required by clause 4.6 of the Agreement;

(d)    the Agent Performance Evaluation Program and any documents promulgated pursuant to clause 7.1 of WorkCover’s Claims Management Agreement;

(e)     any reports provided to WorkCover by the Claims Management Agent, outlining the outcomes of its internal audit and quality assurance programs, as required by clause 7.4 of the Agreement;

(f)     any reports relating to general or selective audits of the Claims Management Agent, undertaken by WorkCover, as required by clause 7.5 of the Agreement;

(g)    a list of all unauthorised payments or any documents evidencing unauthorised payments made by the Claims Management Agent, as required by clause 9.3 of the Agreement;

(h)    the ‘Certificate of Readiness’ of the Claims Management Agent, as required by clause 13.2 of the Agreement;

(i)      the transition-in plan of the Claims Management Agent, as required by clause 13.3 of the Agreement;

(j)      a copy of the complete and current WorkCover Claims Management Agreement, including all Schedules annexed thereto;

(k)     all tender documents relating to the outsourcing of WorkCover SA’s claims management, for the period 28 February 2005 to 30 February 2006;

(l)      all recommendations made to the WorkCover Board, concerning assessment of all tenders for the outsourcing of the WorkCover claims management;

(m)    the WorkCover actuarial report for the financial year ending 30 June 2006;

(n)    the WorkCover actuarial report for the financial year ending 30 June 2007; and

(o)    correspondence (including emails) between the WorkCover actuary and the WorkCover Board, for the period 30 June 2006 to 30 June 2007:

                 Debate resumed.

                 The Hon. R. I. Lucas moved to amend the motion in paragraph II, after “And that WorkCover provides copies of the following documents” by inserting the words “to the Statutory Authorities Review Committee”.

                 Question - That the amendment moved by the Hon. R. I. Lucas be agreed to - put and passed.

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

 

Statutory Authorities
Review Committee
to inquire into
WorkCover
Corporation of
South Australia -
Motion re.

 

 

10.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on its Inquiry into the Law and Processes Relating to Workplace Injuries and Death in South Australia be noted:

                 Debate resumed.

                 Question put and passed.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee - Report
on Inquiry into the
Law and Processes
Relating to
Workplace Injuries
and Death in
South Australia
be noted -
Motion re.

 

 

12.

Ordered - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B. V. Finnigan - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Medical Board of South Australia be noted:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 14 November 2007.

 

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Medical
Board of
South Australia
be noted -
Motion re.

 

 

14.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition) (Prohibition of Other Nuclear Facilities) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 14 November 2007.

 

Nuclear Waste
Storage Facility
(Prohibition)
(Prohibition of Other
Nuclear Facilities)
Amendment Bill.

 

16.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 24 be Orders of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Passenger Transport (Disciplinary Powers) 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. 4 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Passenger Transport
(Disciplinary
Powers)
Amendment Bill.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Roxby Downs (Indenture Ratification) (Application of Acts) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 14 November 2007.

 

Roxby Downs
(Indenture
Ratification)
(Application of Acts)
Amendment Bill.

 

19.

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

                 Debate resumed.

                 Question put and negatived.

 

Environment
Protection
(Commissioner for
the Environment)
Amendment Bill.

 

 

20.

Ordered - That Orders of the Day (Private Business) No. 28 to No. 50 be Orders of the Day for Wednesday, 14 November 2007.

 

Postponement
of Business.

 

21.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

22.

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

 

Next Day of Sitting.

 

23.

Council adjourned at five minutes to six o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. P. Wortley

The Hon. C. Zollo