SOUTH AUSTRALIA]

No. 34

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  FEBRUARY  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 Thirteenth 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 -

River Murray Act 2003 - Protection Areas.

Development Act 1993 - River Murray.

Harbors and Navigation Act 1993 - River Murray.

Native Vegetation Act 1991 - River Murray.

Public Corporations Act 1993 - Land Management Corp - Board.

 

Legislative
Review
Committee -
Thirteenth Report,
2003-2004.

 

   3.

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

Legislative
Review
Committee -
Fourteenth Report,
2003-2004.

 

 

   4.

The Hon. R. D. Lawson, by leave, tabled a copy of a letter from Ann Parker and Toula Skiadas, Issues Deliberation Australia, to the Hon. Michael Atkinson, M.P., Attorney-General, dated 19 February 2004, concerning Draft Report of the Delegates of the South Australian Constitutional Convention.

 

Document Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J.S.L. Dawkins to complete his question to the Minister and for the Minister to complete his 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.

 

   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. J. M. Gazzola, pursuant to notice, moved - That the Report of the Legislative Review Committee on Regulations under the Controlled Substances Act 1984, be noted.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday, 24 March 2004.

 

Legislative Review
Committee -
Report on
Regulations under
the Controlled
Substances Act -
Motion re.

 

 

   8.

Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council notes the failure of the Minister for Infrastructure to develop and implement a strategic plan for the maintenance and enhancement of South Australia’s infrastructure as outlined by the Economic Development Board in its Report, “A Framework for the Economic Development of South Australia”.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 24 March 2004.

 

Strategic Plan for
Maintenance and
Enhancement of
South Australia’s
Infrastructure -
Motion re.

 

10.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 5 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo - That this Council notes the difficult financial situation facing many small wineries and calls on the Howard Government to adopt Federal Labor Party policy to replace the current State and Federal rebates for cellar door and mail order sales with a wine equalization tax (WET) exemption for all wineries set at an appropriate threshold, expressed in litres, for domestic sales:

                 Debate resumed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until Wednesday, 24 March 2004.

 

Financial Situation
of Small Wineries -
Motion re.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Private Business) No. 9 be discharged.

 

Business Discharged.

 

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 27 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

15.

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. N. Xenophon, the debate was adjourned until Wednesday, 24 March 2004.

 

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

 

16.

Ordered - That Orders of the Day (Private Business) No. 29 to No. 31 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo - That the Legislative Council congratulates the Government on retaining 100 per cent of the open space at Lochiel Park, which the Hon. T. G. Cameron had moved to amend by leaving out all words after “That the Legislative Council” and inserting “commends SPACE, Mr. Joe Scalzi, Member for Hartley, the Hons. Nick Xenophon, Andrew Evans and Sandra Kanck, Ms.L.C. for their contribution in maintaining pressure on the Government to honour its pre-election promise to retain 100% of Lochiel Park and that it congratulates the Government for honouring 70% of that promise.”:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 24 March 2004.

 

Retention of
Open  Space at
Lochiel Park -
Motion re.

 

18.

Ordered - That Orders of the Day (Private Business) No. 33 to No. 40 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Carer’s Responsibilities) Amendment 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 Wednesday, 24 March 2004.

 

Equal Opportunity
(Carer’s
Responsibilities)
Amendment Bill.

 

20.

Ordered - That Orders of the Day (Private Business) No. 42 to No. 44 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

21.

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.

                 And the Minister for Agriculture, Food and Fisheries having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 24 March 2004.

 

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

 

22.

Ordered - That Orders of the Day (Private Business) No. 46 and No. 47 be Orders of the Day for Wednesday, 24 March 2004.

 

Postponement
of Business.

 

23.

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.

 

24.

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. C. Zollo, the debate was adjourned until next day of sitting.

 

Correctional Services
(Parole)
Amendment Bill.

 

25.

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.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Problem Gambling Family Protection Orders Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Problem Gambling
Family Protection
Orders Bill.

 

27.

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

 

Postponement
of Business.

 

28.

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

Message No. 53

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to reform the law as it relates to torts; to amend the Wrongs Act 1936, the Limitation of Actions Act 1936 and the Motor Vehicles Act 1959, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 25 February 2004.                                              I. P. LEWIS, Speaker.

                 Schedule of the amendment of the House of Assembly

        No. 1.        Clause 27 (new section 43(3)), page 15, lines 4 and 5 -

                          Delete these lines.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Message from
House of Assembly:
Law Reform (Ipp
Recommendations)
Bill.

 

 

30.

Council adjourned at one minute past six 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. C. Zollo

The Hon. N. Xenophon