SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  26  FEBRUARY  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 10.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Act has been assented to during the Second Session of the 51st Parliament, viz.:

                 No. 1 of 2008 - An Act to amend the Electricity Act 1996.

Government House, Adelaide, 26 February 2008.                                          KEVIN SCARCE, Governor.

 

Message from
Governor:
Assent to Bills.

    3.

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

        By the Minister for Police (The Hon. P. Holloway) -

                 Rules under Acts -

                          Road Traffic Act 1961 - Australian Road Rules - Use of Mobile Phones.

                 Inquiry into the Law and Processes relating to Workplace Injuries and Death in South Australia - Government Response to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation.

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

                 Regulations under the following Act -

                          Primary Industry Funding Schemes Act 1998 - Clare Valley Wine Industry Fund.

        By the Minister Assisting the Minister for Multicultural Affairs (The Hon. C. Zollo) -

                 Regulations under the following Act -

                          Adoption Act 1988 - Prospective Adoptive Parents Register.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          National Parks and Wildlife Act 1972 - Rare, Vulnerable and Endangered Species.

                          South Australian Health Commission Act 1976 - Compensable and Non-Medicare Fees.

                 Environment Protection Act 1993 - Environment Protection (National Pollutant Inventory) Policy 2008.

 

Papers.

    4.

The Hon. J. M. Gazzola brought up the Report of the Aboriginal Lands Parliamentary Standing Committee, 2006-2007.

                Ordered - That the Report be printed.  (Paper No. 226).

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report 2006-2007.

 

 

    5.

The Hon. R. P. Wortley, by leave, without notice, moved - That the Members of this Council appointed to the Natural Resources Committee have leave to sit on that Committee during the sitting of the Council on Thursday, 28 February 2008.

                 Question put and passed.

 

Natural Resources
Committee -
Leave for
Members to sit during sitting of
the Council.

 

 

    6.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P) concerning Water Security.

 

Ministerial
Statement Tabled.

 

    7.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier concerning WorkCover.

 

Ministerial
Statement Tabled.

 

    8.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

    9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

  10.

The Minister for Police, according to order, moved - That the Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Rape and Sexual
Offences)
Amendment Bill.

 

 

  11.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

 

  12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Victims of Crime) 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 the next day of sitting.

 

Criminal Law
(Sentencing)
(Victims of Crime)
Amendment Bill.

 

  13.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health Care Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 10 agreed to.

                          Clause No. 11 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.

 

Health Care Bill

 

  15.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Legal Profession Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Minister for Police, by leave, tabled a copy of a letter addressed to the Attorney-General (The Hon M. J. Atkinson, M.P.) from Jan Martin, Executive Director of the Law Society of South Australia, dated 25 February 2008.

                 The Hon. R. D. Lawson, by leave, tabled a copy of a letter addressed to him, from Jan Martin, Executive Director of the Law Society of South Australia, dated 25 February 2008.                  Clause No. 1 agreed to.

                          Clause No. 2 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.

 

Legal Profession
Bill.

 

 

  17.

The Council, according to Order, resolved itself into a Committee of the Whole for the consideration of the Prevention of Cruelty to Animals (Animal Welfare) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. C. V. Schaefer moved on page 3, line 29, to leave out paragraph (b).

                 Question - That the amendment be agreed to - put.

Prevention of
Cruelty to Animals
(Animal Welfare)
Amendment Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. Hon. R. P. Wortley

The Hon. Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                          Clause No. 6, as amended and otherwise amended, agreed to.

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. M. C. Parnell moved on page 5, line 20, to leave out the penalty provision and insert new penalty as follows:

       “Maximum penalty:

(a)     in the case of a body corporate—$250 000;

(b)    in the case of a natural person—$50 000 or imprisonment for 4 years.”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. M. C. Parnell moved on page 5, line 22, to leave out the penalty provision and insert new penalty as follows:

       “Maximum penalty:

(a)     in the case of a body corporate—$100 000;

(b)    in the case of a natural person—$20 000 or imprisonment for 2 years.”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. C.V. Schaefer moved on page 6, after line 18, to insert the following:

“(4a)    It is a defence to a charge of an offence against subsection (2) if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. C. V. Schaefer (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. Hon. R. P. Wortley

The Hon. Hon. C. Zollo

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.

 

 

 

  18.

At eight minutes 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.

 

 

  19.

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

Message No. 67

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Lake Eyre Basin (Intergovernmental Agreement) Act 2001, without any amendment.

House of Assembly, 26 February 2008.                                                           J. J. SNELLING, Speaker.

 

Messages from the House of Assembly:
Lake Eyre Basin
(Intergovernmental
Agreement)
(Ratification of
Amendments)
Amendment Bill.

 

 

 

Message No. 68

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations, their members and associates; to make related amendments to the Bail Act 1985, the Criminal Law Consolidation Act 1935, the Freedom of Information Act 1991 and the Summary Offences Act 1953; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 February 2008.                                                           J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Serious and
Organised Crime
(Control) Bill.

 

  20.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Legal Profession Bill.

 

In the Committee

 

                          Clause No. 2 further considered and agreed to.

                          Clauses No. 3 to No. 300 agreed to.

                          Clause No. 301 amended and agreed to.

.                         Clauses No. 302 to No. 312 agreed to.

                          Clause No. 313 read.

                 The Hon. R. D. Lawson moved on page 161, line 10, to leave out “all claims to which the notice relates is—” and insert “any particular claim to which the notice relates is 30 percent”.                  Question - That the amendment be agreed to - put.

Legal Profession
Bill.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. Hon. R. P. Wortley

The Hon. Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 313, as amended and otherwise amended, agreed to.

                          Clauses No. 314 to No. 318 agreed to.

                          Clause No. 319 amended and agreed to.

                          Clause No. 320 agreed to.

                          Clause No. 321 read.

                 The Hon. R. D. Lawson on page 164, lines 1 to 5, to leave out paragraphs (c) and (d).

                 The Minister for Police moved on page 164, lines 1 to 5, to leave out paragraphs (c) and (d) and insert new paragraph as follows:

                          “(c)      that (in the opinion of the Society) are reasonably available to the person,”.

                 Question - That paragraphs (c) and (d) as proposed to be struck out by the Hon. R. D. Lawson and the Minister for Police, stand as printed - put and negatived.

                 Question - That new paragraph (c) as proposed to be inserted by the Minister for Police, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. Hon. R. P. Wortley

The Hon. Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

 

 

 

                          Clause No. 321, as amended and otherwise amended, agreed to.

                          Clause No. 322 amended and agreed to.

                          Clauses No. 323 to No. 325 agreed to.

                          Clause No. 326 amended and agreed to.

                          Clause No. 327 amended and agreed to.

                          Clauses No. 328 to No. 330 agreed to.

                          Clause No. 331 amended and agreed to.

                          Clauses No. 332 to No. 513 agreed to.

                          New clause No. 513A inserted.

                          Clauses No. 514 to No. 515 agreed to.

                          Schedule amended and agreed to

                          Title agreed to.

_____________________

 

 

 

 

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

                 The Minister for Police, 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

21.

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

 

Postponement
of Business.

 

  22.

Council adjourned at twenty one minutes past ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

The Hon. J.S.L. Dawkins

The Hon. J. A. Darley

The Hon. A. L. Evans

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. 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. C. Zollo