SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  25  NOVEMBER  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 Minister for Industry and Trade (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   3.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   4.

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

                 Debate resumed.

                 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

 

                          Clause No. 1 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.

 

Correctional Services
(Miscellaneous)
Amendment Bill.

 

   5.

Ordered - That Order of the Day (Government Business) No. 4 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Gaming Machines (Miscellaneous) Amendment Bill.

 

Gaming Machines
(Miscellaneous)
Amendment Bill.

 

 

In the Committee

 

                          Proposed clause No. 46.

                 The Hon. N. Xenophon moved on page 25, after line 4, to insert new clause as follows:

                          Part 5—Referendum

                      46—Referendum on gaming machines

(1)       At the first general election of members of the House of Assembly following the commencement of this section the following questions are to be submitted to a referendum of electors:

(a)        Are you in favour of the removal of all existing gaming machines (ie pokies) from the casino, hotels and clubs in South Australia within the next 5 years?

(b)       Are you in favour of the removal of all existing gaming machines (ie pokies) from hotels and clubs (but not from the casino) in South Australia within the next 5 years?

(c)        Are you in favour of the removal of all existing gaming machines (ie pokies) from hotels (but not from the casino or clubs) in South Australia within the next 5 years?

(2)       The Electoral Commissioner is responsible for the conduct of the referendum.

(3)       The Electoral Act 1985 applies to the referendum with adaptations, exclusions and modifications prescribed by the regulations as if the referendum were a general election of members of the House of Assembly.

(4)       When the result of the referendum is known, the Electoral Commissioner must declare the result by notice in the Gazette.”.

                 Question - That new clause 46, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 The Hon. A. J. Redford moved on page 25, after line 4, to insert schedule as follows:

                          “Schedule 1—Related amendment of Independent Gambling Authority Act 1995

                            1—Amendment of section 17—Confidentiality

                                          Section 17(3)—delete subsection (3)”.

                 Question - That the schedule, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

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. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. N. Xenophon (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          New schedule inserted.

                          Title amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments, suggested amendments and an amendment to the title.

                 Ordered - That the Bill be recommitted in respect of clauses No. 4, No. 11, No. 12, proposed new clause No. 13A, No. 16 and No. 22.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the recommittal of clauses No. 4, No. 11, No. 12, proposed new clause No. 13A, No. 16 and No. 22.

 

 

 

 

In the Committee

 

                          Recommitted clause No. 4 amended and agreed to.

                          Recommitted clause No. 11 amended and agreed to.

                          Recommitted clause No. 12 suggested to be amended and agreed to.

                          New clause No. 13A inserted.

                          Recommitted clause No. 16 amended and agreed to.

                          Recommitted clause No. 22 struck out.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with further amendments and a further suggested amendment; whereupon the Council adopted such reports.

                 The Minister for Industry and Trade, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 The Minister for Industry and Trade then moved - That the Bill with suggested amendments be now read a third time and passed.

                 Debate ensued.

                 Question put.

 

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

                 Bill with suggested amendments read a third time and passed.

 

 

 

   7.

At seven minutes past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   8.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By the Hon. S. M. Kanck from 18 residents of South Australia concerning a proposal for a reconciliation ferry.  The Petitioners pray that this Honourable House will provide its full support to the ferry relocation proposal, prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project and call for the urgent support of the Premier requesting that he engage as soon as possible in discussion with the Ngarrindjeri community to see this exciting, creative initiative become reality.

Petitions
No. 9 - Reconciliation
Ferry.

 

 

 

                 By the Hon. S. M. Kanck from 9 residents of South Australia concerning the transport and storage of radioactive waste in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that South Australia does not become the dumping ground for Australia’s, or the world’s, nuclear waste.

 

No. 10 -
Transport and
Storage of
Radioactive Waste
in South Australia.

 

 

    9.

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

        By the President -

                 Ombudsman - Report, 2003-2004.

                 Auditor-General - Report on the Basketball Association of South Australia Inc., 2003-2004.

                 City of Port Lincoln - Report 2003-2004.

                 District Council of Le Hunte - Report 2003-2004.

Papers.

 

 

        By the Minister for Industry and Trade -

                 Venture Capital Board and Office of the Venture Capital Board - Report, 2003-2004.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2003-2004 -

                          Construction Industry Long Service Leave Board.

                          Actuarial Investigation of the State and Sufficiency of the Construction Industry Fund Report (Report prepared for the Construction Industry long Service Leave Board).

        By the Minister for Correctional Services (The Hon. T. G. Roberts) -

                 Department for Correctional Services - Report, 2003-2004.

 

 

 

10.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. W. Ridgway to complete his question to him 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.

 

11.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Misuse of Motor Vehicles) Bill be now read a second time - be now resumed.

                 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 next day of sitting.

 

Statutes Amendment
(Misuse of Motor
Vehicles) Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 9 be postponed and taken into consideration after Order of the Day (Private Business) No. 1.

 

Postponement
of Business.

 

13.

The Hon. J.M.A. Lensink, having obtained leave to amend the motion of which notice had been given, moved - That the Social Development Committee investigate and report upon the range of assessment and treatment services for people with mental health disorders in South Australia with particular regard to -

                     I.      The adequacy of funding and staffing of mental health, particularly in community and accommodation services;

                    II.      Best practice in the treatment services for people with complex needs who have contact with the mental health, forensic and/or corrections systems;

                  III.      The incidence and management of mental health in the prison population;

                  IV.      The impact of legal and illegal drugs on the mental health of both the general public and prison population;

                    V.      The efficacy of diversion programs upon rates of recidivism;

                  VI.      The criteria for the release of mental health patients who are potentially dangerous;

                 VII.      The adequacy of supervision of offenders after release from those institutions including those on parole;

                VIII.      The adequacy of offender discharge plans;

                  IX.      The identification of offenders’ mental health difficulties; and

                   X.      The definition of mental health insofar as the corrections system is concerned.

                 On motion of the Hon. G. E. Gago, the debate was adjourned and ordered to be resumed on motion.

 

Social Development
Committee to inquire
into Mental Health
Assessment and
Treatment Services -
Motion re.

 

14.

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

                 Debate resumed.

Statutes Amendment
(Relationships) Bill.

 

 

                 The Hon. T. G. Cameron moved to amend the motion by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Social Development Committee for its report and recommendation”.

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

 

Reasoned
Amendment

 

15.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Miscellaneous Superannuation Measures No. 2) 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.

 

Statutes Amendment
(Miscellaneous Superannuation Measures No. 2)
Bill.

 

17.

Ordered - That the adjourned debate on the motion of the Hon. J.M.A. Lensink - That the Social Development Committee investigate and report upon the range of assessment and treatment services for people with mental health disorders in South Australia with particular regard to -

                     I.      The adequacy of funding and staffing of mental health, particularly in community and accommodation services;

                    II.      Best practice in the treatment services for people with complex needs who have contact with the mental health, forensic and/or corrections systems;

                  III.      The incidence and management of mental health in the prison population;

                  IV.      The impact of legal and illegal drugs on the mental health of both the general public and prison population;

                    V.      The efficacy of diversion programs upon rates of recidivism;

                  VI.      The criteria for the release of mental health patients who are potentially dangerous;

                 VII.      The adequacy of supervision of offenders after release from those institutions including those on parole;

                VIII.      The adequacy of offender discharge plans;

                  IX.      The identification of offenders’ mental health difficulties; and

                   X.      The definition of mental health insofar as the corrections system is concerned.

                 - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 8 December 2004.

 

Social Development
Committee to inquire
into Mental Health
Assessment and
Treatment Services -
Motion re.

 

18.

Ordered - That the Council, at its rising, do adjourn until Monday, 6 December 2004, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

 

19.

Council adjourned at five minutes past six o’clock until Monday, 6 December 2004, 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. 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