SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  MARCH  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 Hon. J. M. Gazzola brought up the Fifteenth Report, 2008-2009, of the Legislative Review Committee.

 

Legislative Review
Committee -
Fifteenth Report,
2008-2009.

 

 

   3.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice concerning the appointment of a Member on the Statutory Authorities Review Committee.

                 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.

 

 

     

                 The Minister for Mineral Resources Development then moved - That pursuant to section 21(3) of the Parliamentary Committees Act 1991, the Hon. C. Zollo be appointed to the Statutory Authorities Review Committee in place of the Hon. B. V. Finnigan, resigned.

                 Question put and passed.

 

Statutory
Authorities Review
 Committee -
Substitution of
Member.

 

 

    4.

The following Paper was laid upon the Table, viz.:

        By the Minister for Mineral Resources Development -

                 Rules of Court - Industrial Relations Court - Fair Work Act 1994 - Industrial Proceedings Rules - Fire and Emergency Services.

 

Paper.

 

   5.

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

 

Statements on
Matters of Interest.

 

 

   6.

Ordered - That Notices of Motion (Private Business) and Orders of the Day (Private Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Private Business) No. 8.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. W. Ridgway - That this Council recognises that the Armenian Genocide is one of the greatest crimes against humanity and -

    I.      joins the members of the Armenian-Australian community in honouring the memory of the innocent men, women and children who fell victim to this genocide;

   II.      condemns the genocide of the Armenians and all other acts of genocide as the ultimate act of racial, religious and cultural intolerance;

III.      recognises the importance of remembering and learning from such dark chapters in human history to ensure that such crimes against humanity are not allowed to be repeated;

IV.      acknowledges the significant humanitarian contribution made by the people of South Australia to the victims and survivors of the Armenian Genocide; and

   V.      calls on the Commonwealth Government to officially condemn the genocide of the Armenians:

                 Debate resumed.

                 Question put and passed.

 

Armenian
Genocide -
Motion re.

 

   8.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish a scheme for the payment of statutory compensation to persons who have suffered abuse or neglect while in State care.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 And the Hon. R. L. Brokenshire having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 8 April 2009.

 

Victims of Abuse
in State Care
(Compensation) Bill.

 

   9.

The Hon. D. N. Winderlich, pursuant to notice, moved -

    I.      That the Legislative Council establish a Select Committee to inquire into and report upon the future sustainability of Adelaide’s urban forest of parks, trees and gardens and, in particular -

(a)        the economic, social, health, community and ecological benefits of parks, trees and gardens;

(b)       inefficiencies and inequities in water restrictions;

(c)        the impact of council and State planning policies;

(d)       measures to help reduce the water use of parks, trees and gardens while still maintaining Adelaide’s urban forest;

(e)        the implications of climate change for Adelaide’s urban forest; and strategies to engage home gardeners, the nursery industry and the community in protecting parks, trees and gardens.

(f)        strategies to engage home gardeners, the nursery industry and the community in protecting parks, trees and gardens.

   II.      That the Committee consist of three Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at three Members and 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 reported 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.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 8 April 2009.

 

Future Sustainability
of Adelaide’s
Urban Forest -
Motion for Select
Committee on.

 

 

10.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council notes with concern recent appointments and actions by the Rann Labor Government and other related matters.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 8 April 2009.

 

Recent Government
Appointments and
Actions -
Motion re.

 

11.

The President made the following Statement:

                 The Hon. R. L. Brokenshire earlier this day introduced the Victims of Abuse in State Care (Compensation) Bill.  After examination of the Bill, it has been noted that clause 6 in relation to Payment of compensation is a money clause, as subclause (7) states -

                          “A payment to be made under subsection (1) must be made out of the Consolidated Account (which is appropriated to the necessary extent).”

                 As the Compensation constitutes the main object of the Bill, I rule that this is a Money Bill which cannot be introduced in the Legislative Council.

President’s
Statement -
Victims of Abuse
in State Care
(Compensation) Bill.

 

 

 

                 Accordingly, I rule that the Victims of Abuse in State Care (Compensation) Bill be laid aside.

 

Bill laid aside.

 

12.

The Hon. T. J. Stephens, pursuant to notice, moved -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon -

(a)        the sale of Cheltenham Park Racecourse;

(b)       the re-zoning of Cheltenham Park Racecourse;

(c)        the relationship of decisions made in connection with the sale of Cheltenham Park Racecourse with proposals for the redevelopment of Victoria Park;

(d)       matters of corporate governance within the South Australian Jockey Club up to and including March 2009;

(e)        the role of Thoroughbred Racing SA in relation to the above matters; and

(f)        any other relevant matter.

   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.

                 And the Hon. T. J. Stephens having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Certain Matters
Relating to
Horse Racing in
South Australia -
Motion for Select
Committee on.

 

 

13.

At one minute 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.

 

 

  14.

Ordered - That the adjourned debate on the question -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon -

(a)        the sale of Cheltenham Park Racecourse;

(b)       the re-zoning of Cheltenham Park Racecourse;

(c)        the relationship of decisions made in connection with the sale of Cheltenham Park Racecourse with proposals for the redevelopment of Victoria Park;

(d)       matters of corporate governance within the South Australian Jockey Club up to and including March 2009;

(e)        the role of Thoroughbred Racing SA in relation to the above matters; and

(f)        any other relevant matter.

   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 - be now resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 8 April 2009.

 

Certain Matters
Relating to
Horse Racing in
South Australia -
Motion for Select
Committee on.

 

 

  15.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fair Work Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 8 April 2009.

 

Fair Work
(Powers of Entry
and Inspection)
Amendment Bill.

 

  16.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

17.

The Hon. D. N. Winderlich, pursuant to notice, moved - That this Council -

    I.      notes the remarks made under Parliamentary Privilege on Thursday, 19 February 2009, by The Hon. Michael Atkinson, concerning a former Member of this Council;

   II.      affirms the important role of Parliamentary Privilege as a means of enabling Members to bring important truths to light and to speak out on behalf of ordinary people against powerful vested interests and urges all Members to use this Privilege judiciously and for the greater good rather than to pursue personal agendas and vendettas; and

III.      conveys this Resolution to the House of Assembly.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 8 April 2009.

 

Remarks made by
the Attorney-
General concerning
a Former Member
of the Legislative
Council.

 

 

18.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

19.

The Hon. I. K. Hunter, by leave, moved the following motion in an amended form, viz:-

                 That this Council congratulates Australia’s Foreign Minister, the Hon. Stephen Smith, M.P., for lifting the ban on Australian foreign aid being spent on abortion services and counselling on 10 March 2009 following the lifting of the “global gag” by the President of the United States of America, Barack Obama, on 23 January 2009.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 8 April 2009.

 

Lifting of Ban on
Foreign Aid for
Abortion Services -
Motion re.

 

 

20.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 15 be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

 

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. L. Brokenshire -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon practices and opportunities for reform in the taxi industry in South Australia (including vehicles holding themselves out to be taxis, such as country taxis) and, in particular -

(a)     the commercial and advisory structure of the industry and potential for conflicts of interest thereto;

(b)    allegations of fraud and corruption in the industry;

(c)     commercial practices on the transfer and leasing of plates, including alleged incentive or collateral payments;

(d)    the adequacy of training given to drivers and resultant quality of tourism service and other standards of service;

(e)     causes and remedies for assaults upon drivers and assaults by drivers;

(f)     problems arising from the existing system of taxi classification;

(g)    the opportunities for introduction or expansion, and the estimated cost, of technology such as global positioning system (GPS) tracking of taxis, video-camera recording, electronic charging via Cabcharge, electronic disability identification tags and other possible technological reforms for the industry; and

(h)    any other relevant matter.

   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 resumed.

                 The Hon. R. D. Lawson moved to amend the motion at the beginning of paragraph II by inserting the words “That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and”.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Taxi Industry in
South Australia -
Motion for
Select Committee on.

 

22.

Ordered - That Orders of the Day (Private Business) No. 17 to No. 20 be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on motion of the Hon. M. C. Parnell -

    I.      That a Select Committee of the Legislative Council be established to inquire into and report on tax-payer funded Government advertising campaigns with specific reference to -

(a)     the establishment of guidelines dealing with the appropriate use of South Australian Government advertising;

(b)    the cost of Government advertising;

(c)     a process for dealing with complaints about Government advertising from the general public; and

(d)    any other matters that the Committee considers relevant.

   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 resumed.

                 Question put and passed.

Government
Advertising
Campaigns -
Motion for Select
Committee on.

 

 

                 The Hon. M. C. Parnell then moved - That the Select Committee consist of the Hon. I. K. Hunter, the Hon. J.M.A. Lensink, the Hon. R. I. Lucas, the Hon. C. Zollo and the mover.

                 Question put and passed.

                 The Hon. M. C. Parnell moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 17 June 2009.

                 Question put and passed.

 

Select Committee
Appointed.

 

24.

Ordered - That the adjourned debate on the motion of The Hon. R. L. Brokenshire -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon practices and opportunities for reform in the taxi industry in South Australia (including vehicles holding themselves out to be taxis, such as country taxis) and, in particular -

(a)     the commercial and advisory structure of the industry and potential for conflicts of interest thereto;

(b)    allegations of fraud and corruption in the industry;

(c)     commercial practices on the transfer and leasing of plates, including alleged incentive or collateral payments;

(d)    the adequacy of training given to drivers and resultant quality of tourism service and other standards of service;

(e)     causes and remedies for assaults upon drivers and assaults by drivers;

(f)     problems arising from the existing system of taxi classification;

(g)    the opportunities for introduction or expansion, and the estimated cost, of technology such as global positioning system (GPS) tracking of taxis, video-camera recording, electronic charging via Cabcharge, electronic disability identification tags and other possible technological reforms for the industry; and

(h)    any other relevant matter.

   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:

                 To which the Hon. R. D. Lawson has moved to amend in paragraph II by inserting the words “That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and” before “That Standing Order No. 389” - be now resumed.

                 Debate resumed.

                 Question - That the words proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. R. L. Brokenshire, and as amended by the Hon. R. D. Lawson, be agreed to - put and passed.

Taxi Industry in
South Australia -
Motion for
Select Committee on.

 

 

                 The Hon. R. L. Brokenshire then moved - That the Select Committee consist of the Hon. J. A. Darley, the Hon. J.S.L. Dawkins, the Hon. B. V. Finnigan, the Hon. J. M. Gazzola, the Hon. R. D. Lawson and the mover.

                 Question put and passed.

                 The Hon. R. L. Brokenshire moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 17 June 2009.

                 Question put and passed.

 

Select Committee
Appointed.

 

25.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 25 be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

26.

Ordered - That Order of the Day (Private Business) No. 26 be discharged.

Business
Discharged.

 

 

Ordered - That the Roxby Downs (Indenture Ratification) (Olympic Dam Expansion) Amendment Bill be withdrawn.

 

Roxby Downs
(Indenture
Ratification)
(Olympic Dam
Expansion)
Amendment Bill
withdrawn.

 

 

27.

Ordered - That Orders of the Day (Private Business) No. 27 to No. 37 be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on motion of the Hon. M. C. Parnell -

        That the Legislative Council -

       I.      Notes that 10 December 2008 is the sixtieth anniversary of the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights;

      II.      Also notes that 9 December 2008 is the sixtieth anniversary of the adoption of the Convention on the Prevention and Punishment of the  Crime of Genocide;

     III.      Recognizes that the realization of the rights in the Declarations is a responsibility of all, including those in this Parliament;

     IV.      Pays tribute to those Australians who played leading roles in the development and adoption of these important instruments of international law and who, since then, have contributed to their implementation;

      V.      Recalls that the adoption of the Declaration and the Convention was a response to the suffering of those who had experienced human rights violations, especially the “barbarous acts” perpetrated during World War II;

     VI.      Recognises, with regret and disappointment, that in the intervening sixty years violations of human rights, including acts of Genocide, have continued to occur around the world;

   VII.      Affirms that “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want [is] the highest aspiration of the common people”;

  VIII.      Declares its own “faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women”.

    IX.      Commits itself to the principles contained in the Universal Declaration of Human Rights as “a common standard of achievement for all peoples and all nations” and to their promotion throughout South Australia:

                 Debate resumed.

                 The Hon. I. K. Hunter moved to amend the motion by leaving out paragraph III and by leaving out paragraph IX and inserting new paragraph IX as follows:

  “IX.      Agrees with the principles contained in the Universal Declaration of Human Rights as a common standard to which the nation aspires.”.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until Wednesday, 8 April 2009.

 

United Nations
Declarations -
Motion re.

 

29.

Ordered - That Orders of the Day (Private Business) No. 39 to No. 45 be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

30.

Ordered - That Orders of the Day (Private Business) No. 46 and No. 47 be discharged.

 

Business
Discharged.

 

 

31.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 8 April 2009.

 

Postponement
of Business.

 

32.

The Council, according to order, resolved itself into a Committee of the Whole for consideration of the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. R. L. Brokenshire moved, on page 6, line 13, to leave out the words “that has undergone the first mitotic division”.

                 Question - That the amendment be agreed to - put.

Statutes Amendment
(Prohibition of
Human Cloning
for Reproduction
and Regulation of
Research Involving
Human Embryos)
Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. D.G.E. Hood

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. L. Brokenshire (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. J. A. Darley

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

 

33.

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

 

Postponement
of Business.

 

34.

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

 

Next Day of Sitting.

 

35.

Council adjourned at twenty six minutes past eleven o’clock until tomorrow 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