SOUTH AUSTRALIA]

No. 61

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  MARCH  2003

 

 

 

   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 Agriculture, Food and Fisheries (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. C. M. Hill, former  Member of the Legislative Council and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. S. M. Kanck, the Hon. D. V. Laidlaw, the Hon. J. F. Stefani, the Hon. R. D. Lawson, the Hon. I. Gilfillan, the Hon. A. J. Redford, the Hon. A. L. Evans, and the Hon. J.S.L. Dawkins:

                 Motion carried in silence, Members standing in their places.

 

Death of

Hon. C. M. Hill.

 

   3.

At fifteen minutes past three o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and
Resumption of
Sitting.

 

   4.

The Hon. J. M. Gazzola brought up the Twenty-First Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice 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
Regulation, the Committee may decide to take no further action.

                 Regulation referred to -

                          Food Act 2001 - Food Business.

 

Legislative
Review
Committee -
Twenty-First
Report,
2002-2003.

 

   5.

The Hon. J. M. Gazzola brought up the Twenty-Second Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Twenty-Second Report,
2002-2003.

 

 

   6.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Review of South Australia’s Child Protection Laws and Practices.

 

Paper Tabled.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 4 be postponed and taken into consideration after Notice of Motion (Private Business) No. 5.

 

Postponement
of Business.

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council welcomes the Hon. Kate Reynolds as the replacement for the Hon. Mike Elliott.

                 Debate ensued.

                 Question put and passed.

 

Hon. K. J. Reynolds - Motion re.

 

10.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

11.

Ordered - That Notices of Motion (Private Business) No. 2 and No. 3 be postponed and taken into consideration after Notice of Motion (Private Business) No. 4.

 

Postponement
of Business.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved -

        I.      That a Select Committee be appointed to inquire into and report on the staffing, resourcing and structure of the South Australian Police (SAPOL) and the efficiency and adequacy of management of SAPOL with particular regard to -

(a)     efficiency and effectiveness of SAPOL resource utilisation;

(b)    allocation of personnel to special units and their responsibilities;

(c)     allocation of personnel to rural police stations;

(d)    the need for, and allocation of, minimum staffing levels;

(e)     effectiveness of recruitment and retention of police personnel;

(f)     adequacy of recruit training;

(g)    adequacy of ongoing training for serving officers;

(h)    adequacy of selection and promotion processes and policies;

(i)      adequacy and standard of equipment;

(j)      suitability of mechanisms for dealing with complaints and feedback from serving offices;

(k)     methodology of collection, recording and use of personal records;

(l)      efficiency of evidence gathering;

(m)    resources allocated to support prosecution;

(n)    deployment of resources for prosecuting expiable offences; and

(o)    other relevant matters.

       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 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. C. Zollo, the debate was adjourned until Wednesday next.

 

Staffing, Resourcing
and Structure of
SAPOL -
Motion for Select
Committee on.

 

13.

Ordered - That Notice of Motion (Private Business) No. 2 be postponed and taken into consideration after Notice of Motion (Private Business) No. 3.

 

Postponement
of Business.

 

14.

The Hon. D. V. Laidlaw, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. V. Laidlaw then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Constitution
(Gender Neutral
Language)
Amendment Bill.

 

15.

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.

 

16.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Statutory Authorities Review Committee on an Inquiry into the Passenger Transport Board be noted.

                 On motion of the Hon. D. V. Laidlaw, the debate was adjourned until Wednesday next.

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Passenger
Transport Board to be noted -
Motion re.

 

 

17.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council condemns Australian military involvement in the illegal and immoral invasion of Iraq with particular reference to -

        I.      The fact Australian forces are engaged in an unprovoked strike against a country that poses no direct threat to Australian security;

       II.      No substantive case has been made by the Australian Government justifying the invasion; and

      III.      The probability that the blood shed in Iraq will lead to greater international instability.

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

 

Australian Military
Involvement in
War in Iraq.

 

18.

Ordered - That Notice of Motion (Private Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

19.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council notes recent appointments made since the State Government was installed in March 2002.

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

 

Recent
Appointments in
State Government -
Motion re.

 

20.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

21.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business
Discharged.

 

22.

Ordered - That Order of the Day (Private Business) No. 3 be discharged.

 

Business
Discharged.

 

23.

Ordered - That Order of the Day (Private Business) No. 4 be discharged.

 

Business
Discharged.

 

24.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

  26.

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

                 Debate resumed.

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

 

Local Government
(Lochiel Park)
Amendment Bill.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 17 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

28.

The Hon. D. W. Ridgway, according to order, moved - That the Water Resources (Miscellaneous) Amendment Bill be now read a second time.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until next day of sitting.

 

Water  Resources
(Miscellaneous)
Amendment Bill.

 

 

29.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

  30.

On the Order of the Day being read for the adjourned debate on the question - That the Interstate Agreements Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Interstate
Agreements Bill.

 

31.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 25 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

32.

The Hon. J. M. Gazzola moved the motion standing in the name of the Hon. C. Zollo - That the Tribunal Rules 2001 under the Workers Rehabilitation and Compensation Act 1986, made on 17 October 2001 and laid on the Table of this Council on 13 November 2001, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Workers
Rehabilitation and
Compensation Act -
Tribunal Rules -
Motion for
disallowance of.

 

33.

Ordered - That Order of the Day (Private Business) No. 27 be discharged.

Business
Discharged.

 

 

34.

Ordered - That Orders of the Day (Private Business) No. 28 to No. 39 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

35.

Ordered - That Order of the Day (Private Business) No. 40 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

36.

Ordered - That Orders of the Day (Private Business) No. 41 to No. 43 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

37.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Mining
(Miscellaneous)
Amendment Bill.

 

38.

Ordered - That the Orders of the Day (Government Business) No. 1 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

39.

Council adjourned at twenty-two minutes past nine o’clock until tomorrow 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. 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. D. V. Laidlaw

The Hon. R. D. Lawson

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