SOUTH AUSTRALIA]

No. 41

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  27  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.

The Hon. J. M. Gazzola brought up the Thirteenth Report of the Legislative Review Committee, 2007-2008.

Legislative
Review
Committee -
Thirteenth Report,
2007-2008.

 

   3.

The following Paper was laid upon the Table, viz.:

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

                 National Environment Protection Council - Report, 2006-2007.

 

Paper.

   4.

The Minister for Police (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 WorkCover Legislation.

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning TransAdelaide Derailments.

 

Ministerial
Statement Tabled.

   6.

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

 

Statements on
Matters of Interest.

   7.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Aboriginal Lands Parliamentary Standing Committee, 2007-2008, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday next.

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report, 2007-2008.

 

   8.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to protect and encourage participation in public debate and matters of public interest and dissuade persons and corporations from bringing or maintaining legal proceedings that interfere with another’s right to engage in public participation.

                Question put and passed.

                Bill introduced and read a first time.

                The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 5 March 2008.

 

Protection of Public
Participation Bill.

   9.

The Hon. S. M. Kanck, 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. S. M. Kanck then moved - That this Bill be now read a second time.

                On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.

 

Constitution
(Casual Vacancies)
Amendment Bill.

10.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council -

            I.   Notes the crisis in the Murray-Darling Basin and calls on the Rudd Labor Government to urgently commence the purchase of water from irrigators for environmental flows utilising the $3 billion allocated by the Howard Government in 2007 for this purpose.

          II.   Directs the President to convey this Resolution to the Prime Minister of Australia.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday next.

 

Murray Darling
Basin -
Motion re.

11.

The Hon. D. W. Ridgway, pursuant to notice, moved - That this Council welcomes the Hon. J. A. Darley, elected by an Assembly of Members of both Houses, to replace the Hon. N. Xenophon, resigned.

                 Question put and passed.

 

The Hon.
J. A. Darley -
Motion re.

12.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                Question put and passed.

                Bill introduced and read a first time.

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

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

 

Tobacco Products
Regulation
 (A Smoke-Free
Adelaide)
Amendment Bill.

13.

The Hon. B. V. Finnigan, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 2006-2007, be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday next.

 

Statutory
Authorities Review
Committee -
Report, 2007-2008,
be noted -
Motion re.

14.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

15.

The Hon. J.M.A. Lensink, pursuant to notice, moved -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the State Government’s proposed sale and redevelopment of the Glenside Hospital site with specific reference to -

(a)     The effect of the delivery of services by the proposed co-location of mental health, drug and alcohol, rural, regional and State-wide services and the possible security implications;

(b)    The effect of the proposed sale of 42% of the site and its impact on the amenity and enjoyment of open space for patients and the public, biodiversity, conservation and significant trees;

(c)     The impact of the reduction of available land for more supported accommodation;

(d)    The effect of the proposed sale of precincts 3, 4 and 5 as identified in the State Government’s Concept Master Plan for the site and its possible effect on access to the site and traffic management generally;

(e)     The proposed sale of precinct 4 by private sale to a preferred purchaser; and

(f)     Other matters that the Committee considers relevant.

          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 presented 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.

                 And the Hon. J.M.A. Lensink having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Select Committee on
State Government’s
Sale and
Redevelopment of
Glenside Hospital
Site –
Motion re.

16.

At one minute 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.

 

17.

Ordered - That the adjourned debate on the motion of the Hon. J.M.A. Lensink -

            I.   That a Select Committee of the Legislative Council be established to inquire into and report on the State Government’s proposed sale and redevelopment of the Glenside Hospital site with specific reference to -

(a)     The effect of the delivery of services by the proposed co-location of mental health, drug and alcohol, rural, regional and State-wide services and the possible security implications;

(b)    The effect of the proposed sale of 42% of the site and its impact on the amenity and enjoyment of open space for patients and the public, biodiversity, conservation and significant trees;

(c)     The impact of the reduction of available land for more supported accommodation;

(d)    The effect of the proposed sale of precincts 3, 4 and 5 as identified in the State Government’s Concept Master Plan for the site and its possible effect on access to the site and traffic management generally;

(e)     The proposed sale of precinct 4 by private sale to a preferred purchaser; and

(f)     Other matters that the Committee considers relevant.

          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 presented 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 - be now resumed.

                 Debate resumed.

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

 

Select Committee on
State Government’s
Sale and
Redevelopment of
Glenside Hospital
Site –
Motion re.

18.

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

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. P. Wortley - That the Report of the Environment, Resources and Development Committee on Coastal Development be noted:

                Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday next.

 

Environment,
Resources and
Development
Committee –
Report on Coastal
Development
be noted -
Motion re.

20.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. C. Parnell  -

            I.   That this Council notes -

(a)     The release this week of the final part of the Fourth Assessment Report of the International Panel on Climate Change; and

(b)    That a two degrees Celsius (median value) increase in global average surface temperatures above pre-industrial levels is accepted by the European Union as the limit beyond which there will be sufficient adverse impacts on the Earth’s biogeophysical systems, animals and plants to constitute “dangerous” climate change;

          II.   And agrees that the imperative of constraining global temperature increase to no more than two degrees above pre-industrial levels should underpin government policy responses to global warming:

                 Debate resumed.

                 The Hon S. M. Kanck moved to amend the motion by inserting, after paragraph I (a) -

                           “(b) The Interim Report by Professor Ross Garnaut released on 21 February 2008; and”.

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

 

Climate Change -
Motion re.

22.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Fair Work Act 1994, concerning Clothing Outworkers, made on 18 October 2007 and laid on the Table of this Council on 23 October 2007, be disallowed:

                 Debate resumed.

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

 

Fair Work Act -
Regulations -
Clothing
Outworkers -
Motion for
disallowance of.

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. K. Hunter - That the Report of the Social Development Committee on its Inquiry into Gestational Surrogacy, be noted:

                 Question put and passed.

 

Social Development
Committee -
Report on Inquiry
into Gestational
Surrogacy.

25.

Ordered - That Orders of the Day (Private Business) No. 13 to No. 16 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 motion of the Hon. A. M. Bressington - That this Council condemns -

            I.   The practices of the WorkCover Corporation in both the administration of the fund and in the treatment of injured workers and the lack of support and rehabilitation for those workers;

          II.   The Premier for backing down from his call for a Royal Commission or similar wide-ranging inquiry into allegations of corruption by WorkCover in May 1997, whilst Leader of the Opposition; and

         III.   Other parties for allowing WorkCover to languish in dysfunction since that time:

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday next.

 

WorkCover
Corporation -
Motion re.

27.

Ordered - That Order of the Day (Private Business) No. 18 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Mining in Sanctuaries) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday next.

 

National Parks
and Wildlife
(Mining in
Sanctuaries)
Amendment Bill.

29.

Ordered - That Orders of the Day (Private Business) No. 20 and No. 21 be Orders 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 Statutes Amendment (Water Conservation Target and Sustainable Water Resources) Bill be now read a second time, which the Hon. S. G. Wade had moved to amend by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Select Committee on SA Water for its report and recommendations”:

                 Debate resumed.

                 Question - That the words proposed to be struck out, stand - put and negatived.

                 Question - That the words proposed to be inserted, be so inserted - put and passed.

Statutes Amendment (Water
Conservation Target
and Sustainable
Water Resources)
Bill:
Bill referred to
Select Committee on SA Water.

 

                 Ordered - That the Order of the Day be discharged.

 

Order of the Day
discharged.

.

31.

Ordered - That Orders of the Day (Private Business) No. 23 and No. 24 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

32.

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 Aboriginal Lands Parliamentary Standing Committee on its Inquiry into the Impact of Australian Government Changes to Municipal Services Funding upon Four Aboriginal Communities in South Australia, be noted:

                 Debate resumed.

                 Question - That the motion be agreed to - put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee -
Report on Inquiry into the Impact of
Australian
Government
Changes to
Municipal Services
Funding upon Four
Aboriginal
Communities in
South Australia
be noted -
Motion re.

 

33.

Ordered - That Orders of the Day (Private Business) No. 26 to No. 34 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

34.

The Hon. D. W. Ridgway, pursuant to notice, moved -

            I.   That a Select Committee be appointed to inquire into and report on the staffing, resourcing and efficiency of the South Australia Police (SAPOL) with particular reference to:

(a)     resource utilisation;

(b)    rural policing;

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

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

(e)     recruitment and in service training resources and requirements;

(f)     selection and promotion processes and policies;

(g)    adequacy and standard of equipment;

(h)    mechanisms for dealing with internal complaints;

(i)      prosecution;

(j)      the role of police in and the adequacy of crime prevention programmes throughout South Australia; and

(k)     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.   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. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Staffing, Resourcing
and Efficiency of
South Australia
Police -
Select Committee
on -
Motion re.

35.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday next.

 

Postponement
of Business.

36.

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

 

Postponement
of Business.

37.

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

 

Next Day of Sitting.

38.

Council adjourned at fourteen minutes past ten o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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