SOUTH AUSTRALIA]

No. 20

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  24  NOVEMBER  2003

 

 

 

   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. 278 of the last Session and Nos. 90, 105 and 115 of the present Session 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 President -

                 Reports, 2002-2003 -

                          City of Holdfast Bay.

                          City of Mount Gambier.

                          District Council of Karoonda East Murray.

                          Municipal Council of Roxby Downs.

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Regulation under the following Act -

                          Aquaculture Act 2001 - Licensee’s Fees.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Country Arts SA.

                          Department of Human Services.

                          Eudunda and Kapunda Health Service Incorporated.

                          Metropolitan Domiciliary Care.

                          Mid-West Health and Aged Care Inc. and Mid-West Health.

                          Millicent and District Hospital and Health Services Inc.

                          South Coast District Hospital Inc. (Incorporating Southern Fleurieu Health Service).

                          Waikerie Health Service Incorporated.

                 Regulation under the following Act -

                          Native Vegetation Act 1991 - Exploration and Mining Operations.

 

Papers.

 

   4.

The Hon. G. E. Gago brought up the Annual Report of the Environment, Resources and Development Committee, 2002-2003.

 

 

Environment,
Resources and
Development
Committee -
Annual Report,
2002-2003.

 

 

   5.

The Hon. J. M. Gazzola brought up the Interim Report of the Occupational Health, Safety and Welfare Committee on the Statutes Amendment (WorkCover Governance Reform) Bill 2003 and the Occupational Health, Safety and Welfare (Safework SA) Amendment Bill 2003.

 

Occupational  Health, Safety and Welfare
Committee -
Interim Report
on the Statutes
Amendment
(WorkCover
Governance Reform)
Bill 2003 and the
Occupational Health, Safety and Welfare
(Safework SA)
Amendment Bill
2003.

 

 

   6.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning an Application for Parole by Stephen Wayne McBride.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning WorkCover.

 

Ministerial
Statement Tabled.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Ipp Recommendations) Bill be now read a second time:

                 Debate resumed.

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

 

Law Reform (Ipp
Recommendations)
Bill.

 

10.

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

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Innaminka Regional Reserve) Bill be now read a second time:

                 Debate resumed.

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

 

National Parks
and Wildlife
(Innaminka
Regional Reserve)
Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Authorised Transport Infrastructure Projects) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Highways
(Authorised
Transport
Infrastructure
Projects)
Amendment Bill.

 

15.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning Parafield Gardens High School.

 

Ministerial
Statement Tabled.

 

16.

At one minute to 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.

 

17.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Education (Materials and Services Charges) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Education
(Materials and
Services Charges)
Amendment Bill.

 

 

                 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.

                          Clause No. 5 read.

                 The Hon. R. I. Lucas moved on page 4, after line 22, to insert new subclause as follows:

“(12a)  The Director-General must, at the request of a school council, make services available (free of charge) to the school council for the recovery of outstanding materials and services charges.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 13

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. 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. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

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

                          Clauses No. 6 to No. 8 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.

                 Ordered - That the third reading be an Order of the Day for next day of sitting.

 

 

 

18.

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

                 Debate resumed.

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

 

Correctional
Services (Parole)
Amendment Bill.

 

19.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

20.

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

Message No. 30

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Legal Practitioners Act 1981, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 November 2003.                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

 

 

 

Message No. 31

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935 and to make a related amendment to the Criminal Law (Sentencing) Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 November 2003.                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading being an Order of the Day for next day of sitting.

 

Criminal Law
Consolidation
(Identity Theft)
Amendment Bill.

 

 

21.

Council adjourned at six minutes to ten 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. 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