SOUTH AUSTRALIA]

No. 59

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  27  JUNE  2005

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

Answers to Questions on Notice No. 272 of the Second Session and Nos. 28, 190, 191, 210, 215 to 217, 219, 222 and 224 of this Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    3.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 South Australian Budget Speech 2005-2006 (Budget Paper 2) - Erratum.

 

Papers.

 

   4.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Mr. Randall Ashbourne.

 

Ministerial
Statement Tabled.

 

   5.

The Hon. S. M. Kanck, without notice, moved - That the Standing Orders be so far suspended as to enable her to move a motion concerning a public inquiry in relation to the Ashbourne/Clarke/Atkinson matter forthwith.

                 Debate ensued.

                 Question put and there being dissentient voices:

Suspension of
Standing Orders.

 

 

             Council divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

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. J. F. Stefani

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

Noes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 And so it was resolved in the affirmative with the concurrence of an absolute majority of the whole number of Members of the Council.

 

 

 

   6.

The Hon. S. M. Kanck moved - That this Council requires the Rann Government to conduct the Ashbourne/Clarke/Atkinson Inquiry as a public inquiry, with all the powers of a Royal Commission and upon terms of reference agreed to by both Houses of Parliament.

                 Debate ensued.

                 Question put and passed.

 

Matters concerning
conducting of
Ashbourne/Clark/
Atkinson Inquiry -
Motion re.

 

   7.

The Minister for Industry and Trade, without notice, moved that Questions without Notice be postponed and taken into consideration after the conclusion of Business of the Day.

                 Question put.

Postponement
of Questions
without Notice.

 

 

             Council divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. J. F. Stephens

The Hon. N. Xenophon

The Hon. R. I. Lucas (Teller)

 

 

   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 Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

 

10.

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

                 Debate resumed.

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

 

Development
(Sustainable
Development)
Amendment Bill.

 

11.

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

 

Postponement
of Business.

 

12.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

14.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

15.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

17.

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

                 Debate resumed.

                 And the Hon. J.M.A. Lensink having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Ambulance Services
(SA Ambulance
Service Inc)
Amendment Bill.

 

18.

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

Message No. 81

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 4 and 6 to 10 made by the Legislative Council in the Statutes Amendment and Repeal (Aggravated Offences) Bill, without any amendment; and has disagreed to Amendment No. 5.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 2 June 2005.                                                                                 R. B. SUCH, Speaker.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Messages from
House of Assembly:
Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

 

Message No. 82

                 MR. PRESIDENT - The House of Assembly insists on its amendments in the Correctional Services (Parole) Amendment Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

House of Assembly, 2 June 2005.                                                                                 R. B. SUCH, Speaker.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

Correctional
Services (Parole)
Amendment Bill.

 

 

 

Message No. 83

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Land Tax Act 1936 and the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 June 2005.                                                                                 R. B. SUCH, Speaker.

                 Bill read a first time.

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

                 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.

                 Debate ensued.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Budget 2005) Bill.

 

  19.

At one minute 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.

 

20.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Budget 2005) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment
(Budget 2005) Bill.

 

21.

The following Message from the House of Assembly was received and read -

Message No. 84

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 2006; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 June 2005.                                                                               R. B. SUCH, Speaker.

                 Bill read a first time.

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

 

Message from
House of Assembly:
Appropriation Bill.

 

22.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Universities) 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
(Universities) Bill.

 

23.

The Minister for Industry and Trade, without notice, moved - That the Standing Orders be so far suspended to enable him to move - That the Order made this Day for Order of the Day (Government Business) No. 9 to be an Order of the Day for next day of sitting, be rescinded, and for the Order of the Day to be taken into consideration forthwith.

                 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:
Order
Rescinded.

 

24.

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

                 Debate resumed.

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

 

Statutes Amendment
(Relationships) Bill.

 

25.

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

 

Postponement
of Business.

 

26.

Council adjourned at eight 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. 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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

 

 

Member absent on leave - The Hon. T. G. Roberts