SOUTH AUSTRALIA]

No. 35

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  30  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.

The Minister for Mineral Resources Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

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

 

Postponement
of Business.

   4.

The Minister for Mineral Resources Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the River Torrens Linear Park Act 2006.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

River Torrens
Linear Park
(Linear Parks)
Amendment Bill.

    5.

On the Order of the Day being read for the third reading of the Statutes Amendment and Repeal (Fair Trading) Bill:

                 Ordered - That the Bill be recommitted in respect of Clause No. 35.

 

In the Committee

 

                          Clause No. 35 reconsidered, amended and agreed to.

____________________

 

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

                 The Minister for State/Local Government Relations (The Hon. G. E. Gago), 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.

 

Statutes Amendment
and Repeal

(Fair Trading) Bill.

   6.

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

 

Postponement
of Business.

   7.

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.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Public Sector Bill.

   8.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement
of Business.

   9.

The Minister for Mineral Resources Development, according to order, moved - That the Petroleum Products Subsidy Act Repeal Bill be now read a second time.

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

 

Petroleum Products
Subsidy Act
Repeal Bill.

 

10.

The Minister for Mineral Resources Development, according to order, moved - That the Road Traffic (Miscellaneous) Amendment Bill be now read a second time.

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

 

Road Traffic
(Miscellaneous)
Amendment Bill.

11.

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

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

 

Suspension and
Resumption of
Sitting.

 

12.

The Clerk announced that the following Petitions had been lodged for presentation:

         By the Hon. R. L. Brokenshire from 1,060 residents of South Australia, concerning the Willunga Basin.  The Petitioners pray that this Honourable House will establish forthwith a statutory authority with powers to address major issues such as population growth and the adequate supply of public and private utility services to the said region and, further, to address issues of water security, food security, biodiversity conservation, landscape preservation, sustainable housing and the pursuit of sustainable employment opportunities through horticulture, agriculture, viticulture, tourism and any other enterprises compatible with the preservation and enhancement of the said region.

Petitions:
No. 13 -
Willunga Basin.

 

By the Hon. D. N. Winderlich from 14 residents of South Australia, concerning an anti-corruption body.  The Petitioners pray that this Honourable House will convey the community’s desire for an independent anti-corruption body to the Premier, Mike Rann.

 

No. 14 -
Anti-corruption
Body.

  13.

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

        By the Minister for Mineral Resources Development -

                 Tandanya - National Aboriginal Cultural Institute - Report, 2007-2008.

                 Death of Damien Paul Dittmar - Coroners Inquest Recommendations.

        By the Minister for State/Local Government Relations -

                 Reports, 2007-2008 -

                          Central Northern Adelaide Health Service.

                          South Australian Council on Reproductive Technology.

 

Papers.

14.

The Hon. R. P. Wortley brought up the Report of the Natural Resources Committee on Water Resource Management in the Murray Darling Basin, Critical Water Allocations in South Australia.

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin, Critical Water
Allocations in
South Australia.

 

  15.

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 an Update on  Swine Influenza.

 

Ministerial
Statement Tabled.

16.

The Hon. M. C. Parnell, without notice, moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice to the Select Committee on SA Water.

                 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.

 

 

                 The Hon. M. C. Parnell then moved - That it be an Instruction to the Select Committee on SA Water that its terms of reference be amended by inserting, after paragraph (i):

“(j)       Replacement of the water restriction regime with a household allocation based on occupancy and quarterly meter readings to allow citizens to choose where and how they use their water;

(k)        The prescription of the quaternary aquifer beneath Adelaide with the inclusion of domestic bore extraction within the household allocation, whilst continuing to exclude water sourced from rainwater tanks to encourage the uptake of domestic rainwater collection systems;

(l)         Changing the water pricing structure by increasing the volumetric costs and reducing other charges to provide more incentive for water users to reduce their demand.”.

                 Question put and passed.

 

Select Committee
on SA Water -
Motion re.

17.

The Hon. T. J. Stephens, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion concerning the Select Committee on Certain Matters Relating to Horse Racing in South Australia.

                 Question put.

Suspension of
Standing Orders.

 

 

             Council divided:

Ayes, 12

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. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. T. J. Stephens (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. T. J. Stephens then moved - That in view of the fact that the Select Committee on Certain Matters relating to Horse Racing in South Australia, at a meeting convened this day, was unable to elect a Chairperson, this Council appoint The Hon. T. J. Stephens as the Mover of the Motion that established the Select Committee, to be the Chairperson of the Select Committee.

                 Debate ensued.

                 Question - That the motion be agreed to - put.

Select Committee
on Certain Matters
Relating to Horse
Racing in South
Australia.

 

             Council divided:

Ayes, 12

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. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. T. J. Stephens (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 9

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

18.

The Hon. J. M. Gazzola, without notice, moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice to the Select Committee on Certain Matters Relating to Horse Racing in South Australia.

                 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.

 

 

                 The Hon. J. M. Gazzola then moved - That it be an Instruction to the Select Committee on Certain Matters Relating to Horse Racing in South Australia that the Committee consist of seven Members.

                 Question put.

Select Committee
on Certain Matters
Relating to Horse
Racing in South
Australia.

 

 

             Council divided:

Ayes, 8

The Hon. A. M. Bressington

The Hon. J. A. Darley

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. P. Holloway

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. J. M. Gazzola (Teller)

 

 

 

So it passed in the negative.

 

 

Noes, 11

The Hon. R. L. Brokenshire

The Hon. D.G.E. Hood

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. S. G. Wade

The Hon. D. N. Winderlich

The Hon. T. J. Stephens (Teller)

 

 

19.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Mental Health Bill.

                

In the Committee

 

                          Clauses No. 1 to No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. A. M. Bressington moved on page 8, after line 21, to insert the following paragraph:

    “(ba)    the prescription, supply or administration of a drug containing atomoxetine or methylphenidate or other prescribed substance as a treatment for mental illness of a child who has not attained 12 years of age; or”.

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

                          Clause No. 3, as otherwise amended, agreed to.

                          Clauses No. 4 to No. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. D. N. Winderlich moved on page 12, line 10, before “harm” first occurring to insert “serious”.

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

                          Clause No. 10, as otherwise amended, agreed to.

                          Clauses No. 11 to No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 to No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clauses No. 30 to No. 41 agreed to.

                          Clause No. 42 read.

                 The Hon. J.M.A. Lensink moved on page 29, line 24, to leave out “$20 000” and insert “$50 000”.

                 Question - That the amendment be agreed to - put.

Mental Health Bill.

 

             Committee divided:

Ayes, 10

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. D.G.E. Hood

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. D. N. Winderlich

The Hon. J.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. A. M. Bressington

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 42, as amended, agreed to.

                          Clause No. 43 amended and agreed to.

                          Clause No. 44 amended and agreed to.

                          New Heading inserted.

                          Clauses No. 45 and No. 46 agreed to.

                          Clause No. 47 amended and agreed to.

                          Clause No. 48 amended and agreed to.

                          Clause No. 49 amended and agreed to.

                          New Clauses No. 49A to No. 49E inserted.

                          Clauses No. 50 to No. 54 agreed to.

                          Clause No. 55 amended and agreed to.

                          Clauses No. 56 to No. 73 agreed to.

                          Clause No. 74 read.

                 The Hon. J.M.A. Lensink moved on page 45, after line 33, to insert the following:

“(4)      If a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Executive must cause a copy of the plan to be submitted to the Board at or before the commencement of the Board’s proceedings on the review.”.

                 The Hon. J.M.A. Lensink then moved - That the amendment be withdrawn.

                 Question put and passed.

                          Clause No. 74, as otherwise amended, agreed to.

                          Clause No. 75 agreed to.

                          Clause No. 76 amended and agreed to.

                          Clauses No. 77 to No. 86 agreed to.

                          New Clause No. 86A inserted.

                          Clauses No. 87 to No. 94 agreed to.

                 The Hon. D. N. Winderlich moved on page 52, after line 14, to insert new clause 94A as follows:

94A—Representation in proceedings before Board

      (1)       In proceedings before the Board under this Act, the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section.

      (2)       If a person chooses to be represented by counsel, he or she is entitled to be represented by a legal practitioner provided under a scheme established by the Minister for the purposes of this section, being a legal practitioner—

      (a)       chosen by the person himself or herself; or

      (b)      in default of the person making a choice, chosen by a person or authority contemplated by the scheme.

      (3)       A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person under this section is entitled to receive fees for his or her services from the Minister, in accordance with a scale prescribed by the regulations, and cannot demand or receive from any other person any further fee for those services.

      (4)       Nothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally or by the Public Advocate or other representative in accordance with the Guardianship and Administration Act 1993.”.

                 Question - That new clause 94A, as proposed to be inserted, be so inserted - put and negatived.

 

 

                          Clause No. 95 agreed to.

                          Clause No. 96 amended and agreed to.

                          Clause No. 97 agreed to.

                          Clause No. 98 amended and agreed to.

                 The Hon. J.M.A. Lensink moved on page 53, after line 24, to insert new clause 98A as follows:

98A—Harbouring or assisting patient at large

      (1)       A person who, knowing or being recklessly indifferent as to whether another is a patient at large, harbours the patient or assists the patient to remain at large is guilty of an offence.

Maximum penalty:   $25 000 or imprisonment for 2 years.

      (2)       In this section—

interstate patient at large has the same meaning as in Part 10;

patient at large has the meaning assigned by section 3, and includes an interstate patient at large.”.

                 Question - That new clause 98A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 9

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. D.G.E. Hood

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.M.A. Lensink (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. A. M. Bressington

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. M. C. Parnell

The Hon. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. G. E. Gago (Teller)

 

 

 

                          New Clause No. 98A inserted.

                          Clause No. 99 read.

                 The Hon. D. N. Winderlich moved on page 54, after line 26, to insert the following:

“(4a)    Subsection (2)(c) does not authorise the disclosure of information about the treatment that a person has received or is to receive except to a carer of the person.”.

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

                          Clause No. 99, as otherwise amended, agreed to.

                          Clause No. 100 amended and agreed to.

                          Clauses No. 101 and No. 102 agreed to.

                          Clause No. 103 amended and agreed to.

                          New Clause No. 104 inserted.

                          Schedules No. 1 and No. 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 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.

 

 

20.

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

 

Postponement
of Business.

21.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 12 May 2009.

 

Next Day of Sitting.

22.

Council adjourned at seventeen minutes past six o’clock until Tuesday, 12 May 2009 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