SOUTH AUSTRALIA]

No. 53

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  MAY  2005

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Performance Standards for the Police Commissioner - Report pursuant to Section 13(5) of the Police Act 1998.

        By the Minister for Industry and Trade on behalf of the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Information Industries Development Centre Charter - In accordance with Regulation 15 of the Public Corporations (Information Industries Development Centre) Regulations 1996.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Social Development Committee Postnatal Depression Inquiry Report - Response of the Minister for Health to the Recommendations of the Report.

 

Papers.

 

   3.

The Hon. J. M. Gazzola brought up the Nineteenth Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Nineteenth Report,
2004-2005.

 

 

   4.

The Hon. J. M. Gazzola brought up the Twentieth Report, 2004-2005 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 -

Liquor Licensing Act 1997 - Long Term Dry Areas - Millicent.

Gaming Machines Act 1992 - Forms and Fees.

 

Legislative
Review
Committee -
Twentieth Report,
2004-2005.

 

 

   5.

The Minister for Industry and Trade, by leave, without notice, moved - That, pursuant to section 5 of the Parliament (Joint Services) Act 1985, the Hon. J. M. Gazzola be appointed as the alternate Member to the President (The Hon. R. R. Roberts) to the Joint Parliamentary Service Committee.

 

Joint Parliamentary
Service Committee - 
Alternate Member
appointed.

 

 

                 Question put and passed.

                 Ordered - That a Message be sent to the House of Assembly transmitting the foregoing Resolution.

 

 

 

   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.

Ordered - That Notice of Motion (Private Business) No. 1 be postponed and taken into consideration after Order of the Day (Private Business) No. 34.

 

Postponement
of Business.

 

   8.

The Hon. J. F. Stefani, pursuant to notice, moved - That this Council notes with concern the recent appointments made by the State Government to the Executive Committee of the State Labor Cabinet and to other positions.

                 And the Hon. J. F. Stefani having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Appointments to
Executive Committee
of State Labor
Cabinet -
Motion re.

 

   9.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill, be noted.

                 Debate ensued.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Report of the Social
Development
Committee on the
Statutes Amendment
(Relationships)
Amendment Bill
be noted -
Motion re.

 

 

10.

Ordered - separately - That Notices of Motion (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 9 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  12.

Ordered - That Order of the Day (Private Business) No. 10 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  13.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

  14.

Ordered - That Order of the Day (Private Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 13 to No. 18 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

16.

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

                 Debate resumed.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until Wednesday next.

 

Casino (Underage
Gambling)
Amendment Bill.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (Industrial Manslaughter) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until Wednesday next.

 

Occupational Health,
Safety and Welfare
(Industrial
Manslaughter)
Amendment Bill.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Liability of Directors (Asbestos Related Illnesses) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday next.

 

Liability of
Directors
(Asbestos Related
Illnesses) Bill.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 34 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

20.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Minister for Science and Information Economy (The Hon. K. J. Maywald, M.P.) concerning Playford Capital Pty. Ltd.

 

Ministerial
Statement Tabled.

 

21.

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

Message No. 67

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Education Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Education
(Extension)
Amendment Bill.

 

 

 

 

Message No. 68

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Statutes Amendment (Environment and Conservation Portfolio) Bill, without amendment.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

 

Statutes Amendment
(Environment and
Conservation
Portfolio) Bill.

 

 

 

Message No. 69

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Environment Protection (Miscellaneous) Amendment Bill, without amendment.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Heritage Act 1993 and to make related amendments to the Development Act 1993, the History Trust of South Australia Act 1981 and the Valuation of Land Act 1971, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Heritage
(Heritage Directions)
Amendment Bill.

 

 

 

Message No. 71

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that pursuant to section 5 of the Parliament (Joint Services) Act 1985, it has appointed Mr. Snelling to be the alternate Member to the Speaker (Hon. R. B. Such) and Ms. Breuer to be the alternate Member to Mrs. Geraghty.

House of Assembly, 25 May 2005.                                                                            R. B. SUCH, Speaker.

 

Parliament
(Joint Services) Act -
Notification of
appointment of
Assembly
Alternate Members.

 

 

22.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Sentencing of Sex Offenders.

 

Ministerial
Statement Tabled.

 

  23.

At five minutes 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.

 

24.

The Hon. K. J. Reynolds, pursuant to notice, moved - That the Social Development Committee investigate and report upon the opportunities for people with disabilities as defined under the Disability Discrimination Act 1992 (Cth) and their carers, to take part in all aspects of social, economic, political and cultural life, with particular regard to:

      I.      The adequacy and suitability of existing accommodation opportunities for people with a disability, including the adequacy of plans to meet targets identified in the SA Strategic Plan for moving people from institutional care into community style accommodation;

     II.      Access to appropriate and affordable equipment services, accessible transport, recreation, education, advocacy, rehabilitation and employment services for people with a disability;

    III.      The adequacy of support services for carers;

    IV.      The adequacy of services for people living outside metropolitan Adelaide;

     V.      The progress being made by SA Government agencies in the development and implementation of Disability Action Plans;

    VI.      The level of protection provided under the Equal Opportunity Act 1984 (SA); and

  VII.      Any other relevant matter.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned until Wednesday next.

 

Services and Support
for People with
Disabilities -
Social Development
Committee to
Inquire into -
Motion re.

 

 

25.

The Minister for Emergency Services, according to order, moved - That the Statutes Amendment (Universities) Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting

 

Statutes Amendment
(Universities) Bill.

 

 

  26.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  27.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5, be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the question - That the Occupational Health, Safety and Welfare (SafeWork SA) 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. 3 agreed to.

                                   Clause No. 4 read.

                          The Hon. A. J. Redford moved on page 4, after line 13, to insert the following:

                                   “Advisory Committee means the SafeWork SA Advisory Committee established under Part 2;”

                          Question - That the amendment be agreed to - put.

Occupational Health,
Safety and Welfare
(SafeWork SA)
Amendment Bill.

 

 

             Committee divided:

Ayes, 13

The Hon. T. G. Cameron

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. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

                                   Clause No. 4, as amended, agreed to.

                                   Clause No. 5 read.

                          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 motion.

 

 

 

  29.

At two minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past ten o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

30.

 

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill.

 

In the Committee

 

                                   Clause No. 5 further considered.

                          The Hon. A. J. Redford moved on page 8, lines 6 to 10, to leave out paragraph (b) and insert new paragraph as follows:

 “(b)     if those deliberative votes are equal, the person presiding at the meeting does not have a casting vote.”.

                          The Minister for Emergency Services moved on page 8, lines 10, after “after the matter” to insert “(unless the issue is resolved in another way)”.

                          Question - That the words in paragraph (b) stand as printed - put.

Occupational Health,
Safety and Welfare
(SafeWork SA)
Amendment Bill.

 

 

             Committee divided:

Ayes, 8

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. J.S.L. Dawkins

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. A. J. Redford (Teller)

 

 

 

                          Question - That new paragraph (b), as proposed to be inserted by the Hon. A. J. Redford be agreed to - put and passed.

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

                                   Clause No. 6 read.

                          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.

 

 

 

31.

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

 

Postponement
of Business.

 

32.

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

Message No. 72

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Criminal Assets Confiscation Bill, without amendment.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

 

Messages from
House of Assembly:
Criminal Assets
Confiscation Bill.

 

 

 

 

Message No. 73

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment made by the Legislative Council in the Naracoorte Town Square Bill, without amendment.

House of Assembly, 24 May 2005.                                                                            R. B. SUCH, Speaker.

 

Naracoorte Town
Square Bill.

 

 

33.

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

 

Next Day
 of Sitting.

 

34.

Council adjourned at twenty-two minutes past eleven 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

Member absent on leave - The Hon. T. G. Roberts