SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  27  SEPTEMBER  2006

 

 

 

   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 Eleventh Report, 2006 of the Legislative Review Committee.

Legislative
Review
Committee -
Eleventh Report,
2006.

 

   3.

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 the CSIRO Report on Climate Change.

 

Ministerial
Statement Tabled.

   4.

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

 

Statements on
Matters of Interest.

   5.

The Hon. M. C. Parnell, pursuant to notice, moved -

I.       That a Select Committee of the Legislative Council be appointed to inquire into and report on -

(a)    Arrangements for the administration and enforcement of the Prevention of Cruelty to Animals Act 1985 (the Act);

(b)    The appropriateness of a private charity as the principal law enforcement body under the Act;

(c)    The level of funding required to appropriately administer the Act; and

(d)    Any other relevant matter.

               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. I. K. Hunter, the debate was adjourned until Wednesday, 1 November 2006.

 

Prevention of
Cruelty to
Animals Act -
Motion for Select
Committee on.

   6.

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

 

Postponement
of Business.

   7.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Lottery and Gaming Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon 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 1 November 2006.

 

Lottery and Gaming
(Betting on Losing)
Amendment Bill.

   8.

The Hon. N. Xenophon, 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. N. Xenophon 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 1 November 2006.

 

Tobacco Products
Regulation
(Retail Display)
Amendment Bill.

   9.

Ordered - That Notices of Motion (Private Business) No. 2 and No. 5 and Orders of the Day (Private Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Private Business) No. 13.

 

Postponement
of Business.

10.

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

                 To which the Hon. I. K. Hunter had moved an amendment leaving out all words after “That” and inserting:

“the Bill be withdrawn and referred to the Social Development Committee, to inquire into and report upon the issue of gestational surrogacy and, in particular, to consider -

·        The ways in which South Australian statues might be amended to better deal with matters pertaining to surrogacy and related matters;

·        What complexities might arise from the consideration of such changes;

·        The efficacy of surrogacy legislation in other Australian jurisdictions, and the status of children born through surrogacy interstate and now living in South Australia;

·        The interplay between existing State and Federal legislation as it affects all individuals involved in, and affected by, gestational surrogacy; and

·        Any related matters.”:

                 Debate resumed.               

                 Question - That the words proposed to be struck out stand part of the question - put and negatived.

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

                 Bill withdrawn and referred to the Social Development Committee.

 

Statutes Amendment
(Surrogacy) Bill.

11.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the De Facto Relationships Act 1996, the Family Relationships Act 1975 and various other Acts to provide for rights and duties to be extended to certain domestic relationships.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J.M.A. Lensink then moved - That this Bill be now read a second time.

                 The Hon. J.M.A. Lensink, 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 Debate ensued.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 1 November 2006.

 

Statutes Amendment
(Relationships) Bill.

12.

Ordered - That Notice of Motion (Private Business) No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 23.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. K. Hunter - That the Legislative Council of South Australia -

I.       recognises that -

(a)    a report from the United Nations Population Fund (UNFPA) State of the World Population 2006 - a Passage to Hope: Women and International Migration - was released on 6 September 2006;

(b)    women constitute almost half of all international migrants worldwide - 95 million or 49.6 per cent;

(c)    in 2005, roughly half the world’s 12.7 million refugees were women;

(d)    for many women, migration opens doors to a new world of greater equality and relief from oppression and discrimination that limit freedom and stunt potential;

(e)    in 2005 remittances by migrants to their country of origin were an estimated US$232 billion, larger than official development assistance (ODA) and the second largest source of funding for developing countries after foreign direct investment (FDI);

(f)     migrant women send a higher proportion of their earnings than men to families back home;

(g)    migrant women often contribute to their home communities on their return, for instance through improved child health and lower morality rates, however;

(h)    the massive outflow of nurses, midwives and doctors from poorer to wealthier countries is creating health care crises in many of the poorer countries, exacerbated by massive health care needs such as very high rates of infectious disease;

(i)     the intention to emigrate is especially high among health workers living in regions hardest hit by HIV/AIDS;

(j)     the rising demand for health care workers in richer countries because of their ageing populations will continue to pull such workers away from poorer countries;

(k)    millions of female migrants face hazards ranging from the enslavement of trafficking to exploitation as domestic workers;

(l)     the International Labour Organisation (ILO) estimates that 2.45 million trafficking victims are toiling in exploitative conditions worldwide;

(m)   policies often discriminate against women and bar them from migrating legally, forcing them to work in sectors which render them more vulnerable to exploitation and abuse;

(n)    domestic workers, because of the private nature of their work, may be put in gross jeopardy through being assaulted; raped; overworked; denied pay, rest days, privacy and access to medical services; verbally or psychologically abused; or having their passports withheld;

(o)    when armed conflict erupts, armed militias often target women and girls for rape, leaving many to content with unwanted pregnancies, HIV infection and reproductive illnesses and injury;

(p)    at any given time, 25 per cent of refugee women of child-bearing age are pregnant;

(q)    for refugees fleeing conflict, certain groups of women such as those who head households, ex-combatants, the elderly, disabled, widows, young mothers and unaccompanied adolescent girls, are more vulnerable and require special protection and support;

(r)     people should not be compelled to migrate because of inequality, insecurity, exclusion and limited opportunities in their home countries;

(s)    human rights of all migrants, including women, must be respected.

II.      encourages -

(a)    governments and multilateral institutions to establish, implement and enforce policies and measures that will protect migrant women from exploitation and abuse;

(b)    all efforts that help reduce poverty, bring about gender equality and enhance development, thereby reducing the “push” factors that compel many migrants particularly women, to leave their own countries, and at the same time helping achieve a more orderly migration program:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 1 November 2006.

 

UN Report
concerning Women
and International
Migration -
Motion re.

  14.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 7 be Orders of the Day for Wednesday, 1 November 2006.

 

Postponement
of Business.

  15.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  16.

Ordered - That Orders of the Day (Private Business) No. 9 to No. 12 be Orders of the Day for Wednesday, 1 November 2006.

 

Postponement
of Business.

  17.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 1 November 2006.

 

Controlled
Substances (Sale of
Equipment)
Amendment Bill.

18.

At 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.

Ordered - That the adjourned debate on the question - That the Education (Random Drug Testing) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 1 November 2006.

 

Education (Random
Drug Testing)
Amendment Bill.

  20.

Ordered - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday, 1 November 2006.

 

Postponement
of Business.

  21.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Prohibition on Minors Participating in Lotteries) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 1 November 2006.

 

Statutes Amendment
(Prohibition on
Minors Participating
in Lotteries) Bill.

  22.

Ordered - That Orders of the Day (Private Business) No. 19 and No. 20 be Orders of the Day for Wednesday, 1 November 2006.

 

Postponement
of Business.

  23.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Clean Air Zones) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

Tobacco Products
Regulation (Clean
Air Zones)
Amendment Bill.

 

             Committee divided:

Ayes, 5

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

  24.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for Wednesday, 1 November 2006.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Upper South East Dryland and Flood Management (Natural Resources Committee) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 1 November 2006.

 

Upper South East
Dryland and Flood
Management
(Natural Resources
Committee)
Amendment Bill.

26.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Procedure Act 1921.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D.G.E. Hood 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, 1 November 2006.

 

Summary Procedure
(Paedophile
Restraining Orders)
Amendment Bill.

27.

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

 

Ministerial
Statement Tabled.

28.

Council adjourned at thirty minutes past eight 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. 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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo