SOUTH AUSTRALIA]

No. 9

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  30  MAY  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 following Papers were laid upon the Table, viz.:

        By the Minister for Police (The Hon. P. Holloway) -

                 Determination and Report of the Remuneration Tribunal -

                          4WD Vehicle Request - Mount Gambier Resident Magistrate.

                          Deputy State Coroner - Fulltime.

                 Regulations under the following Acts -

                          Listening and Surveillance Devices Act 1972 - Records Authority.

                          Superannuation Act 1988 - Elections.

                          Superannuation Funds Management Corporation of South Australia Act 1995 - Votes.

                          Terrorism (Police Powers) Act 2005 - Special Powers Authorisation.

                 Rules of Court -

                          Supreme Court - Supreme Court Act 1935 -

                                   Criminal Assets Confiscation Summons.

                                   Supreme Court Criminal Rules 1992 - Criminal Assets Confiscation Summons.

                 Third Party Premiums Committee Determination March 2006 Statement of Reasons.

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

                 Removal of a Significant Tree at Wandana School, Cowra Avenue, Gilles Plains - Report to Parliament pursuant to Section 49(15) of the Development Act 1993.

        By the Minister for Emergency Services (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Adelaide Hills Wine Industry Fund.

                          Independent Living Centre.

                          Langhorne Creek Wine Industry Fund.

                          McLaren Vale Wine Industry Fund.

                          Riverland Wine Industry Fund.

                          South Australian Apiary Industry Fund.

                          South Australian Cattle Industry Fund.

                          South Australian Deer Industry Fund.

                          South Australian Pig Industry Fund.

                          South Australian Sheep Industry Fund.

                 Julia Farr Services - Report, 2005.

                 Regulations under the following Acts -

                          Fisheries Act 1982 - Goolwa Cockles.

                          Primary Produce (Food Safety Schemes) Act 2004.

                          Retirement Villages Act 1987 - General.

                 Education Adelaide Charter 2004-2005.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 South Australian Council on Reproductive Technology - Report, 2005.

                 Health Professionals (Special Events Exemption) Act 2000 - Report.

                 Regulations under the following Acts -

                          Liquor Licensing Act 1997 -

                                   Dry Areas - Long Term -

                                             Ceduna.

                                             Goolwa Skate Park.

                                             Hahndorf.

                                             Mannum.

                                   General - Riverton and Districts High School.

                          Occupational Therapy Practice Act 2005 - Elections.

                 By-laws - District Council - Flinders Ranges -

                          No. 3 - Dogs.

                 Rules under Acts -

                          Local Government Act 1999 -

                                   Special Account.

                                   Withdrawal Conditions.

 

Papers.

   3.

The Hon. I. K. Hunter brought up the Report of the Social Development Committee on the Impact of International Education Activities in South Australia.

                 Ordered - That the Report be printed.  (Paper No. 188)

 

Social Development
Committee - Report
on the Impact of
International
Education Activities
in
South Australia.

 

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Ruling Out of any Prospect of a Nuclear Power Plant being built in South Australia.

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. F. Conlon, M.P.) concerning Capacity-Building Transport Related Projects.

 

Ministerial
Statement Tabled.

   6.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to ask a question to the Minister for Emergency Services and for her to complete her 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.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Police - That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission at least one clear sitting day prior to the publication of the response;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)    “Member” includes a former Member of the Legislative Council.:

To which the Hon. R. D. Lawson had moved to amend in paragraph V(c) after “submission” by inserting “and provide to that Member a copy of any proposed response”:

Debate resumed.

Question - That the amendment moved by the Hon. R. D. Lawson be agreed to - put and passed.

Question - That the motion moved by the Minister for Police and as amended by the Hon. R. D. Lawson, be agreed to - put and passed.

 

Citizens’
Right of Reply -
Motion  re.

 

   8.

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

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Development
(Panels)
Amendment Bill.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the River Torrens Linear Park 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.

 

River Torrens
Linear Park Bill.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Dangerous Driving) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
Consolidation
(Dangerous Driving)
Amendment Bill.

11.

The Minister for Emergency Services, 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 Currant Lettuce Aphid.

 

Ministerial
Statement Tabled.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Supply 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.

 

Supply Bill.

  13.

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

 

Postponement
of Business.

  14.

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

Message No. 14

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Natural Resources Management Act 2004, to which it desires the concurrence of the Legislative Council.

House of Assembly, 11 May 2006.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Environment and Conservation then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Natural Resources
Management
(Transfer of
Water Licences)
Amendment Bill.

 

 

Message No. 15

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gas Pipelines Access (South Australia) Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 May 2006.                                                            J. J. SNELLING, Speaker.

                 Bill read a first time.

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

 

Gas Pipelines Access
(
South Australia)
(Greenfields Pipeline
Incentives)
Amendment Bill.

 

15.

Council adjourned at eighteen minutes past six 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. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. N. Xenophon

The Hon. C. Zollo