SOUTH AUSTRALIA]

No. 87

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  28  NOVEMBER  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.

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

        By the President -

                 Reports, 2004-2005 -

                          Corporations -

                                   Mitcham.

                                   Mount Gambier.

                                   Onkaparinga.

                                   Prospect.

                          District Councils -

                                   Barunga West.

                                   Barossa.

                                   Copper Coast.

                                   Elliston.

                                   Grant.

                                   Kangaroo Island.

                                   Renmark.

                                   Roxby Downs.

                                   Streaky Bay.

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

                 South Australian Film Corporation - Report, 2004-2005.

 

Papers.

 

    3.

The Hon. N. Xenophon brought up the Report of the Select Committee on the Role and Adequacy of Government Funded National Broadcasting, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 240)

 

Report of the
Select Committee
on the Role and
Adequacy of
Government Funded
National
Broadcasting.

 

 

    4.

The Hon. R. K. Sneath brought up the Interim Report of the Statutory Authorities Review Committee on its Inquiry into the Nurses Board of South Australia.

                 Ordered - That the Report be printed.  (Paper No. 241)

 

Statutory Authorities
Review Committee -
Interim Report on
Inquiry into
Nurses Board of
South Australia.

 

 

    5.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Upper South East Dryland Salinity and Flood Management Act 2002,
2003-2004.

 

Environment,
Resources and
Development
Committee -
Report on Upper
South East Dryland
Salinity and Flood
Management Act
2002,
2003-2004.

 

 

    6.

The Hon. G. E. Gago brought up the Report of the Environment, Resources and Development Committee on Eyre Peninsula Bushfire and Native Vegetation.

 

Environment,
Resources and
Development
Committee -
Report on Eyre
Peninsula Bushfire
and Native
Vegetation.

 

 

   7.

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.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Terrorism (Police Powers) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. I. Gilfillan moved on page 3, after line 9, to insert new definition as follows:

                                   “issuing authoritysee section 2A;”.

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

                 The Hon. I. Gilfillan moved on page 3, lines 16 to 19, to leave out all words in these lines.

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

                          Clause No. 2 agreed to.

                          Clauses No. 3 to No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. I. Gilfillan moved on page 6, lines 7 and 8, to leave out “the relevant authority who issued it or a police officer of a more senior rank” and insert “the Commissioner of Police”.

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

                          Clause No. 6 agreed to.

                          Clauses No. 7 to No. 12 agreed to.

                          Clause No. 13 read.

                 The Hon. I. Gilfillan moved on page 8, after line 14, to insert new subclauses as follows:

“(a1)    The Commissioner of Police may, with the approval of the Police Minister, apply to an issuing authority for the issue of a special area declaration.

 (a2)     An application may be made without the approval of the Police Minister if necessary because of the urgency of the circumstances, but, in that event, the Police Minister must be informed of the application as soon as reasonably practicable and the Commissioner of Police must withdraw the application if directed to do so by the Police Minister.”.

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

                          Clause No. 13 agreed to.

                          Clauses No. 14 and No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          New clause No. 16A inserted.

                          Clause No. 17 read.

                 The Hon. I. Gilfillan moved on page 9, lines 33 to 36, and page 10, lines 1 to 15, to leave out the clause and insert new clause as follows:

           17—Offence

A police officer is guilty of an offence if the officer in exercising powers under this Act goes beyond what is authorised and intentionally subjects a person to cruel, inhuman or degrading treatment.

Maximum penalty: $10 000 or imprisonment for 2 years.”.

                 Question - That clause No. 17 stand as printed - put and passed.

                          Clause No. 17 agreed to.

                          Clause No. 18 read.

Terrorism
(Police Powers) Bill.

 

 

                 The Hon. I. Gilfillan moved on page 10, lines 17 to 21, to leave out the clause and insert new clause as follows:

           18—Status of issuing authority

The function of issuing a special powers authorisation or special area declaration is conferred on an issuing authority in a personal capacity and not as a court or a member of a court.”.

                 Question - That clause No. 18 stand as printed - put and passed.

                          Clause No. 18 agreed to.

                          Clause No. 19 agreed to.

                          Clause No. 20 read.

                 The Hon. I. Gilfillan moved on page 11, lines 9 and 10, to leave out paragraph (b) and insert new new paragraph as follows:

     “(b)     if the person seeks an explanation of the reason for the exercise of the power—

(a)     inform the person that the power is exercised under a special powers authorisation or special area declaration (as the case requires) under this Act; and

(b)    inform the person of the date on which the authorisation or declaration was issued; and

(c)     offer the person an explanation of the reason for the exercise of the power in relation to the person.”.

                 The Minister for Industry and Trade moved on page 11, lines 9 and 10, to leave out paragraph (b) and insert new new paragraph as follows:

     “(b)     if the person seeks an explanation of the reason for the exercise of the power—inform the person that the power is exercised under a special powers authorisation or special area declaration (as the case requires) under this Act.”.

                 Question - That paragraph (b) stand as printed - put and negatived.

                 Question - That new paragraph (b), as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                 Question - That new paragraph (b), as proposed to be inserted by the Minister for Industry and Trade, be so inserted - put and passed.

                 The Hon. I. Gilfillan moved on page 11, lines 11 to 14, to leave out subclause (2) and insert new subclause as follows:

     “(2)      A person who was searched, or whose vehicle or premises were searched, under a special powers authorisation or special area declaration may, within 12 months after the search, make a written request to the Commissioner of Police for—

      (a)       a written statement that the search was conducted under this Act; and

      (b)      a copy of the authorisation or declaration,

and the Commissioner of Police must provide the statement and copy within 7 days after receiving the request.”.

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

                          Clause No. 20, as amended, agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 24 agreed to.

                          Clause No. 25 read.

                 Question - That clause No. 25 stand as printed - put.

 

 

 

             Committee divided:

Ayes, 16

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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

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. C. Zollo

The Hon. P. Holloway (Teller)

           So it was resolved in the affirmative.

 

Noes, 4

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

                          Clause No. 25 agreed to.

                          Clause No. 26 agreed to.

                 The Hon. I. Gilfillan moved on page 12, after line 29, to insert new clause as follows:

Division 7—Application for compensation

 26A—Application for compensation in relation to exercise of powers

   (1)     A person who suffers harm as a result of the exercise or purported exercise of powers under this Act may apply to the Supreme Court for compensation on the ground that the powers were exercised improperly.

   (2)     The application must be made within 28 days after the exercise or purported exercise of the powers.

   (3)     In this section—

            harm includes loss of life, personal injury, damage to property, economic loss, pain and suffering and loss of any other kind.”.

                 Question - That new clause No. 26A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                          Clause No. 27 read.

                 The Hon. R. D. Lawson moved on page 13, line 20, to leave out “within 6 months after receiving a report” and insert “within 6 sitting days or 3 months after receiving a report, whichever is the shorter period”.

                 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.

 

 

 

   9.

The Minister for Mental Health and Substance Abuse, by leave, tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning the Lower Eyre Peninsula Re-Establishment Program.

 

Ministerial
Statement Tabled.

 

 

10.

At three 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.

 

11.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Terrorism (Police Powers) Bill.

 

In the Committee

 

                          Clause No. 27, which the Hon. R. D. Lawson moved to amend on page 13, line 20, by leaving out “within 6 months after receiving a report” and inserting “within 6 sitting days or 3 months after receiving a report, whichever is the shorter period” - further considered.

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

Terrorism
(Police Powers) Bill.

 

 

                 The Hon. R. D. Lawson moved on page 13, line 24, after “Attorney-General” to insert “and the Ombudsman”.

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

                          Clause No. 27, as amended, agreed to.

                          Clauses No. 28 and No. 29 agreed to.

                          Clause No. 30 read.

                 The Hon. S. M. Kanck moved on page 30, line 38, to leave out “tenth” and insert “fifth”.

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

                          Clause No. 30 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 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.

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

                 Debate ensued.

                 Question put.

 

 

 

             Council divided:

Ayes, 16

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. 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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 3

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. I. Gilfillan (Teller)

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government (Lochiel Park Lands) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Schedule No. 1 amended and 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.

 

Local Government
(Lochiel Park Lands)
Amendment  Bill.

 

 

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Guardianship and Administration (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 read.

                 The Hon. S. M. Kanck moved on page 3, lines 10 to 21, to leave out the clause and insert new clause as follows:

        5—Amendment of section 6—Establishment and constitution of Board

Section 6(3), (4) and (5)—delete subsections (3), (4) and (5) and substitute:

      (3)       In the case of proceedings under the Mental Health Act 1993, the following rules apply:

      (a)       members who constitute the Board for the purpose of hearing appeals from decisions or orders under that Act will sit exclusively in that jurisdiction;

      (b)      in selecting members from the panel constituted under section 8(1), the President or Deputy President must select a psychiatrist;

      (c)       the Board may, if the President considers it appropriate in particular proceedings, be constituted of the President or a Deputy President and a member of the panel constituted under section 8(1).

      (4)       The regulations may provide that, except in relation to guardianship orders, administration orders and proceedings under the Mental Health Act 1993, the Board may be constituted of—

      (a)       the President, a Deputy President, or a member of a panel, sitting alone; or

      (b)      any 2 members sitting together as follows:

       (i)       the President, or a Deputy President, and a member of a panel;

      (ii)       2 members of the same panel;

      (iii)      1 member from each panel.”.

                 Question - That clause No. 5 stand as printed - put and passed.

                          Clause No. 5 agreed to.

                          Clauses No. 6 to No. 11 agreed to.

                          Title agreed to.

_____________________

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

                 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

Ordered - That Orders of the Day (Government Business) No. 7, No. 8 and No. 10 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Terrorism (Preventative Detention) 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.

 

Terrorism
(Preventative
Detention) Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 7, No. 8 and No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

19.

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

                 Debate resumed.

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

 

Statutes Amendment
(Vehicles and
Vessel Offences) Bill.

 

20.

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

 

Postponement
of Business.

 

21.

At sixteen minutes past ten o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-one minutes to eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

22.

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

                 Debate resumed.

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

 

Equal Opportunity
Bill.

 

23.

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

 

Postponement
of Business.

 

24.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Human Rights Bill.

 

In the Committee

 

Human Rights
Bill.

 

 

                          Resolved - That all clauses, the schedule, the preamble and the title be not agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had rendered the Bill vacuous.

 

Bill rendered
vacuous.

 

25.

Council adjourned at sixteen 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. 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. 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. N. Xenophon

The Hon. C. Zollo