SOUTH AUSTRALIA]

No. 61

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  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.

The Minister for Industry and Trade (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her question to him and for the Minister to complete his reply.

                 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.

 

   3.

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

 

Statements on
Matters of Interest.

 

    4.

Ordered - That Notices of Motion (Private Business) and Orders of the Day (Private Business) be postponed and taken into consideration after Orders of the Day (Government Business).

 

Postponement
of Business.

 

    5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3, be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Bill.

 

In the Committee

 

                          Clause No. 32 which the Hon. A. J. Redford had moved to amend on page 24, lines 7 to 25, by leaving out proposed new section 67B - further considered.

                          The Hon. A. L. Evans moved on page 24, line 13, to leave out “The” and insert “Subject to subsections (2a) and (2b), the” and on page 24, after line 17, to insert the following:

    “(2a)     The Minister must consult with the board of management of WorkCover before making a determination under subsection (2).

      (2b)    If there is a disagreement between the Minister and the board of management of WorkCover as to the amount to be paid under subsection (1) in respect of a particular year (and the parties cannot resolve the disagreement within a reasonable period of time)—

                 (a)     the Minister must prepare a report in relation to the matter, including in the report a written statement (if any) provided by the board of management of WorkCover for the purposes of this provision; and

                 (b)    the Minister must cause copies of the report to be laid before both Houses of Parliament; and

                 (c)     the amount payable under subsection (1) will be determined by resolution passed by both Houses of Parliament.”.

                          The Hon. I. Gilfillan moved on page 24, after line 17, to insert the following:

    “(2a)     The Minister must consult with the board of management of WorkCover before making a determination under subsection (2).

      (2b)    If there is a disagreement between the Minister and the board of management of WorkCover as to the amount to be paid under subsection (1) in respect of a particular year, the board of management may, after publication of the determination under subsection (2), furnish to the Minister a written statement setting out its reasons for its disagreement with the Minister.

      (2c)     If a statement is furnished under subsection (2b), the Minister must cause copies of the statement to be laid before both Houses of Parliament within 12 sitting days after the statement is received by the Minister.”.

                          Question - That all words in line 7, down to but excluding “The”, stand as printed - put and passed.

                          Question - That the word “The” in line 7, stand as printed - put.

Occupational Health,
Safety and Welfare
(SafeWork SA)
Amendment Bill.

 

 

             Committee divided:

Ayes, 9

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. L. Evans (Teller)

 

 

 

                          Question - That the words proposed to be inserted by the Hon. A. L. Evans, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. L. Evans (Teller)

 

      So it passed in the negative.

 

Noes, 10

The Hon. T. G. Cameron

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo (Teller)

 

 

 

                          Question - That new subsections as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

      And so it was resolved in the affirmative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

                          Question - That proposed new section 67B, as amended, stand as part of the Bill - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

      And so it was resolved in the affirmative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

 

                 The Chairperson advised that, in accordance with Standing Order No. 326, he would make a clerical correction to the Bill by re-inserting “The” on page 24, line 7, after the subsequent amendment to insert certain words was negatived.

                                   Clause No. 32, as amended and otherwise amended, agreed to.

                                   Clause No. 33 struck out.

                                   Clause No. 34 amended and agreed to.

                                   Clause No. 35 amended and agreed to.

                                   Schedule 1 read.

                          The Hon. A. J. Redford moved on page 29, lines 4 to 35, to leave out all words in these lines.

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

                                   Schedule 1 otherwise amended and 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 21.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 21.

 

In the Committee

 

                          Clause No. 21 reconsidered, further amended and agreed to.

____________________

 

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

                 The Minister for Emergency Services, 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.

 

 

 

    7.

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.

 

    8.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 11 be postponed and taken into consideration after Notices of Motion and Orders of the Day (Private Business).

 

Postponement
of Business.

 

    9.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  10.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 5 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

11.

Ordered - That the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Social Development Committee investigate and report upon the opportunities for people with disabilities as defined under the Disability Discrimination Act 1992 (Cth) and their carers, to take part in all aspects of social, economic, political and cultural life, with particular regard to:

      I.      The adequacy and suitability of existing accommodation opportunities for people with a disability, including the adequacy of plans to meet targets identified in the SA Strategic Plan for moving people from institutional care into community style accommodation;

     II.      Access to appropriate and affordable equipment services, accessible transport, recreation, education, advocacy, rehabilitation and employment services for people with a disability;

    III.      The adequacy of support services for carers;

    IV.      The adequacy of services for people living outside metropolitan Adelaide;

     V.      The progress being made by SA Government agencies in the development and implementation of Disability Action Plans;

    VI.      The level of protection provided under the Equal Opportunity Act 1984 (SA); and

  VII.      Any other relevant matter - be now resumed.

                 Debate resumed.

                 The Hon. G. E. Gago moved to amend the motion before “That the Social Development Committee” by inserting “1.” and after paragraph VII, by inserting the following:

“2.   The investigation and report should consider the period from 1997, the date of the second Commonwealth/State Disability Agreement.”

                 Question - That the amendment moved by the Hon. G. E. Gago be agreed to - put and passed.

                 Question - That the motion moved by the Hon. K. J. Reynolds, and as amended by the Hon. G. E. Gago, be agreed to - put and passed.

 

Services and Support
for People with
Disabilities -
Social Development
Committee to
Inquire into -
Motion re.

 

 

  12.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on the Statutes Amendment (Relationships) Bill, be noted:

                 Debate resumed.

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

 

Report of the Social
Development
Committee on the
Statutes Amendment
(Relationships)
Amendment Bill
be noted -
Motion re.

 

 

  14.

The Hon. R. K. Sneath, according to order, moved - That the Report of the Natural Resources Committee on Lower Murray Reclaimed Irrigation Areas be noted.

                 Question put and passed.

Report of Natural
Resources Committee
on Lower Murray
Reclaimed Irrigation
Areas be noted - Motion re.

 

 

  15.

The Hon. R. K. Sneath, according to order, moved - That the Report of the Natural Resources Committee on Meningie and Narrung Irrigators be noted.

                 Question put and passed.

Report of Natural
Resources Committee
on Meningie and
Narrung Irrigators
be noted -
Motion re.

 

 

16.

Ordered - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

17.

The Hon. R. D. Lawson, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Evidence Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Evidence (Retrial of
Sexual Offences)
Amendment Bill.

 

18.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 16 be Orders 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. K. Sneath - That the Report of the Natural Resources Committee on Eastern Mount Lofty Ranges Catchment Area, be noted:

                 Question put and passed.

 

Report of the Natural
Resources Committee
on Eastern Mount
Lofty Ranges Catchment Area
be noted -
Motion re.

 

 

20.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 41 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

  21.

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

                 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 Wednesday next.

 

Heritage
(Beechwood Garden)
Amendment Bill.

 

22.

Ordered - That Orders of the Day (Private Business) No. 43 and No. 44 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

23.

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

 

Postponement
of Business.

 

24.

Council adjourned at twenty-five minutes to ten 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