SOUTH AUSTRALIA]

No. 50

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  MAY  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 following Papers were laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Reports, 2003 -

                          Department of Education and Children’s Services.

                          Senior Secondary Assessment Board of South Australia.

                          Teachers Registration Board of South Australia.

 

Papers.

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-first Report, 2003-2004, of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-first Report,
2003-2004.

 

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the Unauthorised Clearance of Remnant Native Vegetation in an Area of Land near Beach Road, Noarlunga.

 

Ministerial
Statement Tabled.

 

   5.

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

 

Statements on
Matters of Interest.

 

   6.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2, Orders of the Day (Private Business) No. 1 to No. 54 and Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Extension of Freeze) 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.

 

Gaming Machines
(Extension of Freeze)
Amendment Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

 

 

 

   8.

At seven 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.

 

   9.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee into the Fifth Inquiry into Timeliness of Annual Reporting by Statutory Authorities, 2001-2002 be noted.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday next.

 

Statutory
Authorities Review
Committee -
Report on Fifth Inquiry into
Timeliness of
Annual Reporting
by Statutory Authorities,
2001-2002
to be noted -
Motion re.

 

 

10.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

                  I.      That a Select Committee be appointed to inquire into and report on the offices of the Director of Public Prosecution and the Coroner, with particular reference to -

(a)     the implementation of the enabling legislation of these offices to identify any improvements that could be made to the enabling legislation by amendment;

(b)    the resources needed to effectively fulfil the roles and functions as required by the enabling legislation;

(c)     the relationships between the Director of Public Prosecutions, the Coroner, the Attorney-General, the Government and the Parliament; and

(d)    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.:

                 Debate resumed.

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

 

Offices of the
Director of Public
Prosecution and
the Coroner -
Motion for Select
Committee on.

 

12.

On the Order of the being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on an Inquiry into Obesity, be noted:

                 Debate ensued.

                 Question put and passed.

 

Social Development
Committee -
Report on an
Inquiry into Obesity
to be noted -
Motion re.

 

13.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

14.

The Hon. R. D. Lawson, having obtained leave to amend the motion of which notice had been given, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Civil Liability Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Civil Liability
(Privilege of
Internet Reports)
Amendment Bill.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 8 and No. 9 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

16.

The Hon. J. M. Gazzola, according to order, moved - That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995 concerning Exemptions, made on 18 December 2003 and laid on the Table of this Council on 17 February 2004, be disallowed.

                 Question put and passed.

 

Plumbers, Gasfitters
and Electricians Act -
Regulations -
Exemptions -
Motion for
disallowance of.

 

17.

Ordered - That Order of the Day (Private Business) No. 11 be discharged.

 

Business Discharged.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson -

               I.      That the Legislative Council establish a Select Committee to investigate the care of children under the guardianship of the Minister and, in particular -

                       (a)     whether the State Government, and in particular Family and Youth Services (FAYS), provides sufficient and appropriate support to foster parents;

                       (b)     to identify problems being confronted by foster parents;

                       (c)     to examine the tendering process by the Department of Human Services for new contracts to support foster carers and children, and whether these contracts will provide the required support;

                       (d)     to examine alternative care being provided to children under guardianship;

                       (e)     whether the children are at risk of abuse due to the lack of resources within FAYS; and

                       (f)      any other related matters.

             II.      That the Select Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and 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.:

                 Debate resumed.

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

 

Children under
Ministerial
Guardianship -
Select
Committee on -
Motion re.

 

19.

The Hon. R. D. Lawson, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Public Intoxication Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Public Intoxication
(Aboriginal Lands)
Amendment Bill.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 18 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

21.

On the Order of the Day being read for the adjourned debate on motion of the Hon. S. M. Kanck - That the Legislative Council requests the Natural Resources Committee to inquire into and report on marine protected areas with particular reference to -

               I.      identifying reasons for the Government’s delays in introducing a system of marine protected areas, including no-take zones, around the State’s coastline;

             II.      the current status of marine protected areas in South Australia with regard to mining and exploration activities and whether or not world’s best practice is being observed;

            III.      the identification of areas within the South Australian Representative Marine Protected Area estate in which mining and exploration activities are occurring or in which there is a risk of such activities being permitted;

            IV.      the identification and assessment of the options available to ensure a permanent ban on mining and exploration in the South Australian Representative Marine Protected Area estate;

             V.      assessing the level of assistance being provided by the State Government to regional groups in the preparation of National Resource Management plans for marine protected areas;

            VI.      the degree to which ecosystem based management principles are being incorporated in any plans for marine protected areas in the State;

           VII.      the need for new marine reserves legislation; and

         VIII.      any other related matter.:

                 Debate resumed.

                 The Hon. G. E. Gago moved to amend the motion by leaving out all words after “That the Legislative Council requests” and inserting the following:

        “the Environment, Resources and Development Committee to inquire into and report on marine protected areas, with particular reference to -

               I.      identifying reasons for delays in introducing a system of marine protected areas, including no-take zones, around the State’s coastline;

             II.      the current status of marine protected areas in South Australia with regard to mining and exploration activities and whether or not world’s best practice is being observed;

            III.      the identification of areas within the South Australian Representative Marine Protected Area estate in which mining and exploration activities are occurring or in which such activities may be permitted;

            IV.      the identification and assessment of the options available to appropriately regulate mining and exploration in the South Australian Representative Marine Protected Area estate;

             V.      assessing the level of assistance being provided by the State Government to regional groups in the preparation of National Resource Management plans for marine protected areas;

            VI.      the degree to which ecosystem based management principles are being incorporated in any plans for marine protected areas in the State;

           VII.      the need for new marine reserves legislation; and

         VIII.      any other related matter.”.

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

 

Marine Protected
Areas - Natural
Resources Committee
to inquire into -
Motion re.

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 32 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

23.

Ordered - That Order of the Day (Private Business) No. 33 be discharged.

 

Business Discharged.

 

24.

Ordered - separately - That Orders of the Day (Private Business) No. 34 to No. 46 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

25.

Ordered - That Order of the Day (Private Business) No. 47 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

26.

Ordered - separately - That Orders of the Day (Private Business) No. 48 to No. 52 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Legislative Review Committee on Regulations under the Controlled Substances Act 1984, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative Review
Committee -
Report on
Regulations under
the Controlled
Substances Act -
Motion re.

 

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That this Council notes the failure of the Minister for Infrastructure to develop and implement a strategic plan for the maintenance and enhancement of South Australia’s infrastructure as outlined by the Economic Development Board in its Report, “A Framework for the Economic Development of South Australia”:

                 Debate resumed.

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

 

Strategic Plan for
Maintenance and
Enhancement of
South Australia’s
Infrastructure -
Motion re.

 

29.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Carer’s Responsibility) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to 4 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Industry, Trade and Regional Development, 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.

 

Equal Opportunity
(Carer’s
Responsibility)
Amendment Bill.

 

30.

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

 

Postponement
of Business.

 

31.

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

Message No. 73

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to protect the health and safety of the public by providing for the registration of medical practitioners and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Medical Practitioners Act 1983; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 May 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Medical Practice Bill.

 

 

 

Message No. 74

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate the operations of public authorities; to make a related amendment to the Gaming Machines 1992; to repeal the State Supply Act 1985; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 May 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

State
Procurement Bill.

 

 

 

Message No. 75

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Pastoral Land Management and Conservation Act 1989, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 May 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Pastoral Land
Management and
Conservation
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 76

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Dog and Cat Management (Miscellaneous) Amendment Bill without amendment.

House of Assembly, 26 May 2004.                                                      I. P. LEWIS, Speaker.

 

Dog and Cat
Management
(Miscellaneous)
Amendment Bill.

 

32.

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

 

Next day
of Sitting.

 

 

33.

Council adjourned at three minutes to ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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. 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