SOUTH AUSTRALIA]

No. 5

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  25  SEPTEMBER  2008

 

 

 

   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 Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. D.G.E. Hood from 1,993 residents of South Australia, concerning research involving human embryos and human cloning.  The Petitioners pray that this Honourable House will reject proposals to -

(a)       reduce prohibitions on human cloning; and

(b)      modify regulation of research involving human embryos;

as proposed by the Honourable Minister John Hill in the Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Bill.

 

Petition No. 2 -
Human Embryos
and Human Cloning.

   3.

Answer to Question on Notice No. 267 of last session received this day, was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question on Notice.

   4.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee, 2007-2008.

Natural Resources
Committee -
Report, 2007-2008.

 

   5.

The Minister for Mineral Resources Development (The Hon P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Tour Down Under.

 

Ministerial
Statement Tabled.

    6.

The following Papers were laid upon the Table, viz.:

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Criminal Law (Undercover Operations) Act 1995 for the period from 1 July 2007 to 30 June 2008.

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

                 Reports, 2007 -

                          Flinders University of South Australia.

                          The University of Adelaide -

                                   Part 1 Annual Review.

                                   Part 2 Financial Statements.

                          University of South Australia.

                 Industrial Relations Advisory Committee - Report, 2007-2008.

                 Children in State Care Commission of Inquiry Report - Allegations of Sexual Abuse and Death from Criminal Conduct - Implementation Statement.

                 Inquiry into Balancing Work and Life Responsibilities - Government Response to the Parliamentary Select Committee.

                 Schedule of Approvals to Remove Track Infrastructure - for the period 1 July 2007 - 30 June 2008.

                 Training and Skills Development Act 2008 - Charter establishing the Training Advocate’s functions.

 

Papers.

   7.

The Minister for Mineral Resources Development, while replying to a question asked by the Hon. D. W. Ridgway, tabled a copy of a letter addressed to him from Mr. Fred Newman, Director of Environmental Services, City of Port Adelaide Enfield, dated 3 June, 2008, concerning Building Approvals.

                 Subsequently, the Hon. D. W. Ridgway tabled a Statutory Declaration made by Mr. Peter Jankovic, dated 23 September 2008, concerning a Ministerial Adviser to the Minister for Mineral Resources Development.

 

Documents Tabled.

   8.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. A. Maywald, M.P.) concerning the Commissioner for Water Security.

 

Ministerial
Statement Tabled.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Address in Reply, as read, be adopted:

                 Debate resumed.

                 Question put and passed.

 

Address in Reply.

10.

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

Message No. 3

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Psychological Practice Bill 2006, as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 24 September 2008.                                                   J. J. SNELLING, Speaker.

 

Schedule of the Amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No. 1–

Clause 14, page 11, after line 7—

Insert:

     (ga)     to examine whether there are opportunities for enhanced competition, in the public interest, in the provision of psychological services, or any unnecessary impediments to such competition, and provide advice to the Minister;

Amendment No. 2–

Clause 14, page 11, line 8—

After "Minister" insert:

on any other matter

Amendment No. 3–

New clause, page 23, after line 2—

Insert:

35A—Restriction on administration and interpretation of certain psychological tests

      (1)       A person must not personally administer or interpret a prescribed psychological test unless—

      (a)       the person is a psychologist or psychiatrist acting in the ordinary course of his or her profession; or

      (b)      the person administers or interprets the test under the direct supervision of a psychologist or psychiatrist; or

      (c)       the person administers or interprets the test with the approval of the Board.

Maximum penalty: $75 000.

      (2)       An applicant for approval under this section must, if the Board so requires, provide the Board with specified information to enable the Board to determine the application.

Message from
House of Assembly:
Psychological
Practice Bill.

 

 

      (3)       The Board may, before giving its approval under this section, require the applicant to obtain qualifications or experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction or training.

      (4)       An approval under this section may be subject to such conditions as the Board thinks fit.

      (5)       A person must not contravene, or fail to comply with, a condition of the person’s approval under this section.

Maximum penalty: $75 000.

      (6)       If a person contravenes, or fails to comply with, a condition of the person's approval under this section, the Board may, by written notice to the person, revoke the approval.

      (7)       In this section—

psychiatrist means a medical practitioner registered on the specialist register under the Medical Practice Act 2004 in the specialty of psychiatry.

Amendment No. 4–

Clause 46, page 29, line 26—

Delete "3" and substitute:

4

Amendment No. 5–

Clause 46, page 29, line 28—

Delete paragraph (b) and substitute:

      (b)      2 will be members who are psychologists.

M. LEHMAN, Clerk of the House of Assembly.

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

 

 

11.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Civil Liability (Food Donors and Distributors) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola the debate was adjourned and ordered to be resumed on motion.

 

Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

13.

The President announced that His Excellency The Governor would be pleased to receive Honourable Members of the Council at fifteen minutes past four o’clock p.m. for the purpose of presenting the Address-in-Reply.

                 The President and Council then proceeded to Government House to present the Address-in-Reply to His Excellency The Governor.

                 And being returned.

                 The President resumed the Chair and reported that, accompanied by Honourable Members, he had been at Government House and had there presented to His Excellency the Governor the Address-in-Reply as adopted by the Council this day, to which His Excellency was pleased to make the following reply:

Address in Reply:
Presentation.

 

        THE HONOURABLE THE PRESIDENT AND HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL

                 I thank you for the Address-in-Reply to the Speech with which I opened the Third Session of the Fifty-First Parliament.

                 I am confident that you will give your best consideration to all matters placed before you.

                 I pray that you deliberations will add meaning and value to the lives of our South Australian community.

Government House, Adelaide.                                    REAR ADMIRAL KEVIN SCARCE, Governor.

25 September 2008.

 

 

14.

Ordered - That the adjourned debate on the question - That the Civil Liability (Food Donors and Distributors) Amendment Bill be now read a second time - be now resumed.

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

 

Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

15.

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

 

Postponement
of Business.

16.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 14 October 2008, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

17.

Council adjourned at ten minutes past five o’clock until Tuesday, 14 October 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. R.L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

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. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo