SOUTH AUSTRALIA]

No. 33

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  28  APRIL  2009

 

 

 

 

    1.

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

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor’s Deputy having been announced by Black Rod, the following Message was received and read:

Message No. 9.

                 The Governor’s Deputy informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the third Session of the 51st Parliament, viz.:

                 No. 12 of 2009 - An Act to amend the Survey Act 1992.

                 No. 13 of 2009 - An Act to provide a framework for the management and operation of shared infrastructure for irrigation or drainage purposes associated with primary production in the State; to make related amendments to the Natural Resources Management Act 2004; to repeal the Irrigation Act 1994; and for other purposes.

                 No. 14 of 2009 - An Act to provide for the continuation of the Renmark Irrigation Trust for the purposes of the management and operation of certain shared infrastructure for irrigation or drainage purposes in the area around Renmark; to make related amendments to the Natural Resources Management Act 2004; to repeal the Renmark Irrigation Trust Act 1936; and for other purposes.

                 No. 15 of 2009 - An Act to amend the Fair Trading Act 1987.

                 No. 16 of 2009 - An Act to provide for the registration of architects and architectural businesses; to regulate architectural practice for the purpose of maintaining high standards of competence and conduct by registered architects and registered architectural businesses; to repeal the Architects Act 1939; and for other purposes.

Government House, Adelaide.                                                       HIEU VAN LE, Governor’s Deputy.

28 April 2009.

 

Message from
Governor’s Deputy:
Assent to Bills.

   3.

The Minister for Mineral Resources Development (The Hon. P. Holloway) by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. D. H. Laidlaw, AO, former Member of the Legislative Council, and places on record its appreciation of his distinguished and meritorious 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. D. W. Ridgway, the Hon. J.M.A. Lensink, the Hon. S. G. Wade, the Hon. J.S.L. Dawkins, the Hon. R. I. Lucas, the Hon. C. V. Schaefer and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon D. H. Laidlaw.

   4.

At two minutes to three o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and
Resumption of
Sitting.

 

   5.

Answers to Questions on Notice Nos. 318 to 332, 341 to 355, 416 to 430 and 476 to 490 of the First Session, Nos. 150 to 164 of last Session and Nos. 181, 190, 191, 208 and 210 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.

    6.

The Hon. C. Zollo brought up the Report of the Statutory Authorities Review Committee on its Inquiry into the Independent Gambling Authority.

                 Ordered - That the Report be printed.  (Paper No. 226)

Statutory Authorities
Review Committee -
Report on Inquiry
into the Independent
Gambling Authority.

    7.

The Hon. I. K. Hunter brought up the Report of the Social Development Committee on its Review of the Department of Health’s Report into Hypnosis.

                 Ordered - That the Report be printed.  (Paper No. 229)

Social Development
Committee - Report
on Review of the
Department of
Health’s Report into
Hypnosis.

    8.

The following Papers were laid upon the Table, viz.:

        By the Minister for Mineral Resources Development -

                 Training and Skills Commission - Report, 2008.

                 Office of the Training Advocate - Report, 1 September to 31 December 2008.

                 Regulations under the following Acts -

                          Irrigation Act 2009 - General.

                          Partnership Act 1891 - Winding Up.

                          Renmark Irrigation Trust Act 2009 - General.

                          Superannuation Act 1988 - Component of Salary.

                 Rules of Court -

                          Workers Compensation Tribunal - Workers Compensation and Rehabilitation Act 1986 - Rule 19 - Referrals to Medical Panels.

        By the Minister for Urban Development and Planning (The Hon. P. Holloway) -

                 Proposal to move two Significant Trees to Facilitate the Extension of the Tramline to the Adelaide Entertainment Centre - Report to Parliament pursuant to Section 49(15) of the Development Act 1993 - Report.

                 Tumby Bay Council - General and Coastal Development Plan Amendment for Interim Operation and Public Consultation - Report, November 2008.

                 Regulations under the following Acts -

                           Development Act 1993 -

                                   Affordable Housing.

                                   Aquaculture.

                                   Nation Building Projects - Significant Trees.

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Cancer in South Australia 2006 with Projections to 2009 - A Report on the Incidence and Mortality Patterns of Cancer - Report.

                 Review of South Australian Cancer Services - Report, 3 April 2009.

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 - Poisons.

                          Harbors and Navigation Act 1993 - Registration Label.

                          Mental Health Act 1993 - Actions Involving Other Jurisdictions.

                          Motor Vehicles Act 1959 - Alcohol Interlock Schemes.

                          Road Traffic Act 1961 -

                                   Miscellaneous - Revocation of Part 2A.

                                   Road Rules - Ancillary Miscellaneous - Loading Zones.

                 Corporation By-laws -

                          Campbelltown -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Dogs.

        By the Minister for Consumer Affairs (The Hon. G. E. Gago) -

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 - Dry Areas - Long Term -

                                   Fisherman Bay and Port Broughton.

                                   Hallett Cove.

 

Papers.

    9.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. P. Caica, M.P.) concerning International Workers Memorial Day.

 

Ministerial
Statement Tabled.

  10.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations concerning Daylight Saving Extension.

 

Ministerial
Statement Tabled.

  11.

The Minister for Mineral Resources Development, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Government’s Response to the Economic Development Board’s Economic Statement.

 

Ministerial
Statement Tabled.

  12.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Correctional Services (The Hon. A. Koutsantonis, M.P.) concerning the Minister’s Driving History.

 

Ministerial
Statement Tabled.

13.

 The Minister for Mineral Resources Development, while making a Ministerial Statement, by leave, tabled a document titled “Independent Verification of Rectification Works EL3258”.

 

Paper Tabled.

  14.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Cancer Review Report.

 

Ministerial
Statement Tabled.

15.

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

Message No. 55

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to re-enact and modernise the law relating to payroll tax, to harmonise payroll tax law with other States, to repeal the Pay-roll Tax Act 1971 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 April 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Pay-roll Tax Bill.

 

Message No. 56

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923 and to make related amendments to the Statutes Amendment (Budget 2005) Act 2005, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 April 2009.                                                                  J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That this Bill be now read a second time.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until next day of sitting.

 

Stamp Duties
(Tax Reform)
Amendment Bill.

  16.

Ordered - That 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.

  17.

On the Order of the Day being read for the adjourned debate on the question - That the Authorised Betting Operations (Trade Practices Exemption) 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.

 

Authorised Betting
Operations (Trade
Practices Exemption)
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 State/Local Government Relations, 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.

 

 

  18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment and Repeal (Fair Trading) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                          New Clause No. 6A inserted.

                          Clauses No. 7 to No. 9 agreed to

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 34 agreed to.

                          Clause No. 35 read.

                 The Hon. J. A. Darley moved on page 13, line 14, to leave out “Subject to section 74I, a term” and insert “A term”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. J.M.A. Lensink moved on page 17, lines 1 and 2, to leave out paragraph (b).

                 Question - That the amendment be agreed to - put.

Statutes Amendment
and Repeal (Fair
Trading) Bill.

 

             Committee divided:

Ayes, 12

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

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. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

 

                 To report progress and ask leave to sit again.

_____________________

 

The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

19.

At eleven minutes 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.

 

  20.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment and Repeal (Fair Trading) Bill.

 

In the Committee

 

                          Clause No. 35 further considered.

                 The Minister for State/Local Government Relations moved on page 17, lines 3 and 4, to leave out paragraph (c) and insert the following:

     “(c)      the supplier has given the consumer a notice in a form approved by the Commissioner setting out—

       (i)       the terms of the exclusion, restriction or modification; and

      (ii)       any other information that the Commissioner thinks fit; and”.

                 The Minister for State/Local Government Relations then moved that the amendment be withdrawn.

                 Question put and passed.

                 The Hon. A. M. Bressington moved on page 17, after line 8, to insert the following:

                  “and

       (f)       the supplier has given the consumer a written statement in the prescribed form setting out the prescribed information as to the rights of consumers in relation to contracts for the supply of recreational services.”.

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

                 Subsequently the Hon. A. M. Bressington moved - That the amendment be rescinded.

                 Question put and passed.

                 The Hon. R. L. Brokenshire moved on page 17, after line 20, to insert the following:

    “(5a)     A person who, under a contract of insurance, agrees to indemnify a person who supplies recreational services in relation to any liability that may arise out of the provision of those services must—

      (a)       within 30 days after a claim is made under the contract—notify the Commissioner of the claim; and

      (b)      within 30 days after the claim is finalised—notify the Commissioner of the outcome,

in a manner and form approved by the Commissioner.

Maximum penalty: $2 500.

Expiation fee: $210.

     (5b)     The Commissioner must include in the report under section 12 statistical information about the claims of which the Commissioner has been notified under subsection (5a), including information about the supplier, claimant, type of conduct giving rise to the claim and outcome.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 35, as amended, and otherwise amended, agreed to.

                 The Hon. J. A. Darley moved on page 21, after line 2, to insert new Clause No. 35A as follows:

35A—Amendment of section 75—Offences against this Part

Section 75(1)—delete "(other than section 56 or 57)"”.

                 Question - That new clause No. 35A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 36 to No. 45 agreed to.

                 The Hon. R. L. Brokenshire moved on page 23, after line 35, to insert new clause 45A as follows:

Part 5A—Amendment of Government Financing Authority Act 1982

45A—Amendment of section 11—Functions and powers of Authority

Section 11(1)(d)—after "the State" insert:

, including, for example, acting as the insurer of first choice for persons who supply goods or services on a not‑for‑profit basis”.

                 Question - That new clause 45A, as proposed to be inserted, be so inserted - put.

Statutes Amendment
and Repeal (Fair Trading) Bill.

 

             Committee divided:

Ayes, 5

The Hon. A. M. Bressington

The Hon. D.G.E. Hood

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. L. Brokenshire (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

 

 

 

 

                          Clauses No. 46 to No. 59 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 with amendments; whereupon the Council adopted such report.

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

 

 

  21.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

  22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Victims of Crime) Bill.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 read.

Statutes Amendment
(Victims of Crime)
Bill.

 

                 During debate the Minister for Mineral Resources Development tabled a document titled “Defendant Convictions”.

                 The Hon. J. A. Darley moved on page 4, lines 19 to 23, to leave out the definitions of “prescribed summary offence” and “total incapacity” and insert the following:

        prescribed summary offence means a summary offence that has caused the death of, or serious harm to, a person;

        serious harm means—

      (a)       harm that endangers, or is likely to endanger, a person's life; or

      (b)      harm that consists of, or is likely to result in, loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

      (c)       harm that consists of, or is likely to result in, serious disfigurement.”.

                 Question - That the amendment be agreed to - put.

Document Tabled.

 

             Committee divided:

Ayes, 11

The Hon. R. L. Brokenshire

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

      So it was resolved in the affirmative.

 

Noes, 10

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 6, as amended, agreed to.

                          Clause No. 7 agreed to.

                          New Clause No. 7A inserted.

                          Clause No. 8 agreed to.

                          New Clause No. 8A inserted.

                          Clause No. 9 agreed to.

                          New Clauses No. 9A to No 9D inserted.

                 The Hon. J. A. Darley moved on page 6, after line 39, to insert new clause 9A as follows:

9A—Report to Legislative Review Committee in relation to section 7A of Criminal Law (Sentencing) Act 1988

      (1)       The Minister must, at the end of 2 years from the commencement of section 6, appoint a person to conduct an enquiry into—

      (a)       the operation of section 7A of the Criminal Law (Sentencing) Act 1988 as amended by section 6; and

      (b)      the likely impacts (including the costs) of extending the definition of prescribed summary offence in that section to include a broader range of summary offences.

      (2)       A report on the enquiry must be prepared and laid before the Legislative Review Committee of the Parliament.”.

                 The Minister for Mineral Resources Development moved to amend proposed new clause 9A by leaving out “prepared and laid before the Legislative Review Committee of the Parliament” and insert the following:

“provided to the Minister and the Minister must cause a copy of the report to be laid before each House of Parliament as soon as practicable after receipt of the report”.

                 Question - That the amendment moved by the Minister for Mineral Resources Development to new clause 9A, as proposed to be inserted by the Hon. J. A. Darley, be agreed to - put.

 

 

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

 

 

 

 

                 Question - That new clause 9A, as proposed to be inserted by the Hon. J. A. Darley, and as amended by the Minister for Mineral Resources Development, be so inserted - put and passed.

                          Clauses No. 10 to No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. M. C. Parnell moved on page 8, lines 17 to 20, to leave out Clause No. 13 and insert the following:

13—Amendment of Schedule 2—Exempt agencies

Schedule 2—after paragraph (k) insert:

     (ka)      the Commissioner for Victims' Rights, in respect of functions involving the provision of assistance to particular victims (but not functions involving the provision of assistance to victims generally or any other functions);”.

                 Question - That Clause No. 13 stand as printed - put.

 

 

             Committee divided:

Ayes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

      So it was passed in the negative.

 

Noes, 13

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. M. C. Parnell (Teller)

 

 

 

 

                 Question - That new clause 13, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and passed.

                          Clauses No. 14 and No. 15 agreed to.

                          New Clause No. 15A inserted.

                          Clause No. 16 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 with amendments; whereupon the Council adopted such report.

                 The Minister for Mineral Resources 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.

  

 

  23.

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

                 Debate resumed.

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

 

Public Sector Bill.

24.

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

 

Postponement
of Business.

25.

Council adjourned at twenty two minutes past eleven 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. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo