SOUTH AUSTRALIA]

No. 89

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  30  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 President made the following statement:

         I have to advise that I have received a letter from Ms. Anna Rau requesting a Right of Reply in accordance with the Sessional Standing Order passed by this Council on 15 September 2004.

         In her letter of 29 November 2005, Ms. Rau considers that the Hon. D. W. Ridgway has made “inaccurate and critical remarks” about her in this Council on 29 November 2005.

         Following the procedures set out in the Sessional Standing Order, I have given consideration to this matter and believe that it complies with the requirements of the Sessional Standing Order.  Therefore I grant the request and direct that Ms. Rau’s reply be incorporated in Hansard.

 

President’s
Statement:
Citizen’s
Right of Reply.

 

    3.

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

        By the President -

Report of the Auditor-General, 2004-2005 - Supplementary Report - Government Management and the Security Associated with Personal and Sensitive Information.

        By the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo) -

                 Reports, 2004-2005 -

                          Ceduna District Health Services Inc.

                          Metropolitan Domiciliary Care.

                          Northern and Far Western Regional Health Service.

                          Pika Wiya Health Service Inc.

                          Port Augusta Hospital and Regional Health Service Inc.

                          Port Broughton District Hospital and Health Services Inc.

                          Port Lincoln Health Service.

                          Renmark Paringa District Hospital Inc.

                          Repatriation General Hospital Inc.

                          Riverland Regional health Service Inc.

                          Strathalbyn and District Health Service.

                          Waikerie Health Services Inc.

 

Papers.

 

   4.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee into Superannuation Variation Regulations 2005.

                 Ordered - That the Report be printed.  (Paper No. 245).

Legislative
Review
Committee -
Report into Superannuation Variation Regulations 2005.

 

 

   5.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee on the Committee’s Review of the Fisheries (General) Variation Regulations 2005.

                 Ordered - That the Report be printed.  (Paper No. 246).

 

Legislative
Review
Committee -
Report on
Committee’s Review
of the Fisheries
(General) Variation
Regulation.

 

 

   6.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee on its Inquiry into Sexual Assault Conviction Rates.

                 Ordered - That the Report be printed.  (Paper No. 244).

 

Legislative
Review
Committee -
Report into its
Inquiry into Sexual
Assault Conviction
Rates.

 

 

   7.

The Hon. J. M. Gazzola brought up the Thirty-Second Report, 2004-2005, of the Legislative Review Committee.

 

Legislative
Review
Committee -
Thirty-Second Report, 2004-2005.

 

 

   8.

The Hon. J. M. Gazzola brought up the Thirty-Third Report, 2004-2005, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Aquaculture Act 2001 - General.

Fire and Emergency Services Act 2005 - General.

 

Legislative
Review
Committee -
Thirty-Third
Report, 2004-2005.

 

    9.

The Minister for Industry and Trade brought up the Interim Report of the Select Committee on the Electricity Industry in South Australia, together with Minutes of Evidence.

                 Ordered - That the Interim Report be printed.  (Paper No. 249)

 

Select Committee
on the Electricity
Industry in South
Australia -
Interim Report.

 

  10.

The Minister for Industry and Trade brought up the Report of the Statutory Officers Committee, 2004-2005.

                 Ordered - That the Report be printed.  (Paper No. 250)

 

Statutory Officers
Committee -
Report, 2004-2005.

 

  11.

The Hon. R. K. Sneath brought up the Interim Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police, together with Minutes of Evidence.

                 Ordered - That the Interim Report be printed.  (Paper No. 248)

 

Select Committee
on Staffing,
Resourcing and
Efficiency of South
Australia Police -
Interim Report.

 

 

12.

The Hon. A. J. Redford having quoted from documents during a question to the Minister for Industry and Trade, the Hon. R. K. Sneath moved - That all documents quoted from, be laid upon the Table.

                 Ordered - That the following documents be laid upon the Table:

·        Copy of a letter from Mr. Phil Harrison, Secretary, United Fire Fighters Union of South Australia Inc., to Mr. G. Lupton, Chief Officer, South Australian Metropolitan Fire Service, dated 15 June 2005.

·        Handwritten notes titled “Emergency Services Maladministration”.

 

Documents quoted
from, ordered to
be tabled.

 

13.

The Minister for Mental Health and Substance Abuse, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. A. L. Evans to complete his question to her and for the Minister 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.

 

14.

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

 

Statements on
Matters of Interest.

 

  15.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  16.

The Hon. N. Xenophon, pursuant to notice, moved - That the Report of the Select Committee on the Role and Adequacy of Government Funded National Broadcasting, be noted.

                 Debate ensued.

                 Question put and passed.

Report of the
Select Committee
on the Role and
Adequacy of
Government Funded
National
Broadcasting
be noted -
Motion re.

 

 

  17.

The Minister for Mental Health and Substance Abuse, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning the State’s Dental Service.

 

Ministerial
Statement Tabled.

 

  18.

The Hon. R. K. Sneath, by leave, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Interim Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police, be noted.

                 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. R. K. Sneath moved - That the Interim Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police, be noted.

                 Debate ensued.

                 Question put and passed.

Select Committee
on Staffing,
Resourcing and
Efficiency of South
Australia Police-
Interim Report
be noted -
Motion re.

 

 

  19.

The Hon. R. I. Lucas, by leave, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Interim Report of the Select Committee on the Electricity Industry of South Australia, be noted.

                 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. R. I. Lucas moved - That the Interim Report of the Select Committee on the Electricity Industry of South Australia, be noted.

                 Debate ensued.

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

 

Select Committee
on the Electricity
Industry in South
Australia -
Interim Report
be noted -
Motion re.

 

 

  20.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Interim Report of the Statutory Authorities Review Committee on its Inquiry into the Nurses Board of South Australia, be noted.

                 Debate ensued.

                 Question put and passed.

 

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

 

 

  21.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Upper South East Dryland Salinity and Flood Management Act 2002, July 2003-July 2004, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 1 February 2006.

 

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

 

 

  22.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Eyre Peninsula Bushfire and Native Vegetation, be noted.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 1 February 2006.

 

Environment,
Resources and
Development
Committee -
Report on Eyre
Peninsula Bushfire
and Native
Vegetation be noted -
Motion re.

 

 

  23.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council calls on the Government to place a moratorium on the sale, transfer or disposal of land at Victor Harbor, folio numbers -

                 City of Victor Harbor -

                          CT 5756536;

                          CT 5297742;

                          CT 5567833;

                          CT 5563830;

                          CT 5793293;

                          CT 5563829;

                 SA Water Corporation -

                          CT 5905531;

                          CT 5905556;

                          CT 539146;

                 Department for Education and Children’s Services -

                          CT 5467599,

        to allow a full community consultation process to take place regarding the appropriate development proposals for the site.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday, 1 February 2006.

 

Moratorium on
Sale, Transfer or
Disposal of
Certain Land at
Victor Harbor -
Motion re.

 

  24.

The Hon. G. E. Gago, pursuant to notice, moved -  That the Amendment to the Development Plan entitled City of Adelaide - Central West Precinct Strategic Urban Renewal, gazetted on 17 November 2005 under the Development Act 1993 and laid on the Table of this Council on 29 November 2005, be disallowed.

Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 1 February 2006.

 

Development Plan
Amendment - 
Central West
Precinct Strategic
Urban Renewal -
Motion for disallowance of.

 

  25.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

26.

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.

 

27.

Ordered - That Notice of Motion (Private Business) No. 9 be postponed and taken into consideration after Order of the Day (Private Business) No. 10.

 

Postponement
of Business.

 

  28.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council notes comments made by the Attorney-General to a member of the “Let’s Get Equal” campaign on the night of 22 November 2005.

                 Debate ensued.

                 The Hon. R. D. Lawson moved to amend the motion by leaving out all words after “the night of” and inserting “21 November 2005 and condemns him for recent acts of bullying and intimidation and other behaviour which has brought discredit to the Office of Attorney-General”.

                 The Hon. R. K. Sneath moved - That the debate be now adjourned.

                 Question put.

Comments made by
Attorney-General -
Motion re.

 

 

             Council divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. C. Zollo

The Hon. R. K. Sneath (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. J. F. Stephens

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

                 Debate resumed.

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

 

 

 

  29.

The Hon. R. I. Lucas, by leave and at the request of the Hon. N. Xenophon, moved the motion of which notice had been given - That the proceedings of the International Pokies Impact Conference held in Adelaide on 14 and 15 November 2005, be noted.

                 Debate ensued.

                 Question put and passed.

 

International Pokies
Impact Conference -
Motion re.

 

  30.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

  31.

Order of the Day read for the Report of the Select Committee on Mount Gambier District Health Service to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
Mount Gambier
District Health
Service.

 

  32.

Order of the Day read for the Report of the Select Committee on Electricity Industry in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
Electricity Industry
in South Australia.

 

  33.

Order of the Day read for the Report of the Select Committee on the Offices of the Director of Public Prosecutions and the Coroner to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
the Offices of the
Director of Public
Prosecutions and
the Coroner.

 

  34.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report 2003-2004 to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
Allegedly Unlawful
Practices raised in the
Auditor-General’s
Report, 2003-2004.

 

 

  35.

Order of the Day read for the Report of the Select Committee on Assessment and Treatment Services for People with Mental Health Disorders to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on
Assessment and
Treatment Services
for People with
Mental Health
Disorders.

 

  36.

Order of the Day read for the Report of the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water.

 

 

  37.

Order of the Day read for the Report of the Select Committee on the Atkinson/Ashbourne/Clarke Affair to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee
on the Atkinson/
Ashbourne/Clarke
Affair.

 

  38.

Order of the Day read for the Report of the Select Committee on Refining, Storage and Supply of Fuel in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 1 February 2006.

 

Select Committee on Refining, Storage and Supply of Fuel in South Australia.

 

  39.

Ordered - That Order of the Day (Private Business) No. 10 be discharged.

 

Business
Discharged.

 

  40.

Ordered - That Order of the Day (Private Business) No. 11 be discharged.

 

Business
Discharged.

 

  41.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business
Discharged.

 

  42.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business
Discharged.

 

  43.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business
Discharged.

 

  44.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

45.

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 NHMRC Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research 2004, be noted.

                 Question put and passed.

 

Social Development
Committee - Report
on NHMRC Ethical
Guidelines on the
use of Assisted
Reproductive
Technology in
Clinical Practice
and Research 2004
be noted -
Motion re.

 

 

  46.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  47.

Ordered - That Order of the Day (Private Business) No. 18 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  48.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That this Council -

       I.      Expresses strong concern about the lack of action by the State Government, particularly the Minister for the River Murray, to oppose the establishment of a toxic waste dump at Nowingi in north western Victoria; and

      II.      Strongly urges the State Government to inform the Victorian State Labor Government that the siting of a toxic waste dump 14 kilometres from the Murray River and 11 metres above groundwater is unacceptable and will threaten the international reputation of the Riverland and Sunraysia horticultural regions:

                 Debate resumed.

                 Question put.

Siting of Toxic
Waste Dump in
Victoria close to
River Murray -
Motion re.

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. J.S.L. Dawkins (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 6

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

  49.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  50.

Ordered - That Orders of the Day (Private Business) No. 21 and No. 22 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  51.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  52.

Ordered - That Orders of the Day (Private Business) No. 24 and No. 25 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  53.

Ordered - That Order of the Day (Private Business) No. 26 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  54.

Ordered - That Orders of the Day (Private Business) No. 27 and No. 28 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  55.

Ordered - That Orders of the Day (Private Business) No. 29 and 30 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  56.

Ordered - That Order of the Day (Private Business) No. 31 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  57.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  58.

Ordered - That Order of the Day (Private Business) No. 33 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  59.

Ordered - That Order of the Day (Private Business) No. 34 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  60.

Ordered - That Orders of the Day (Private Business) No. 35 to No. 43 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  61.

Ordered - That Order of the Day (Private Business) No. 44 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  62.

Ordered - That Orders of the Day (Private Business) No. 45 to No. 49 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  63.

Ordered - That Order of the Day (Private Business) No. 50 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  64.

Ordered - That Orders of the Day (Private Business) No. 51 and No. 52 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  65.

Ordered - That Order of the Day (Private Business) No. 53 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  66.

Ordered - That Orders of the Day (Private Business) No. 54 to No. 56 be Orders of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  67.

Ordered - That Order of the Day (Private Business) No. 57 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

  68.

Ordered - That Order of the Day (Private Business) No. 58 be an Order of the Day for Wednesday, 1 February 2006.

 

Postponement
of Business.

 

  69.

Ordered - That Orders of the Day (Private Business) No. 59 to No. 62 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  70.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

  71.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

72.

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

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 read.

                          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.

 

Statutes Amendment
(Criminal Procedure)
Bill.

 

73.

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

Message No. 143

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to establish a legislative framework that promotes the special status, attributes and character of the Adelaide Park Lands; to provide for the protection of those park lands and for their management as world-class asset to be preserved as an urban park for the benefit of present and future generations; to amend the City of Adelaide Act 1998, the Development Act 1993; the Highways Act 1926, the Local Government Act 1934, the Local Government Act 1999, the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002, the Roads (Opening and Closing) Act 1991, the South Australian Motor Sport Act 1984 and the Waterworks Act 1932; and for other purposes, without any amendment.

House of Assembly, 29 November 2005.                                                      R. B. SUCH, Speaker.

 

Messages from
House of Assembly:
Adelaide Park Lands
Bill.

 

 

 

Message No. 144

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 17, 20 to 21 and 23 to 34 made by the Legislative Council in the Children’s Protection (Miscellaneous) Amendment Bill, without any amendment, and has disagreed to Amendments Nos. 18, 19 and 22 and has made alternative amendments as indicated in the annexed Schedule in lieu thereof.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 30 November 2005.                                                      R. B. SUCH, Speaker.

 

Children’s
Protection
(Miscellaneous)
Amendment Bill -
formerly Children’s
Protection
(Keeping Them Safe)
Amendment Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

Legislative Council’s Amendment No. 18.

       New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

      (1)       If the Chief Executive—

      (a)       suspects on reasonable grounds that a child is at risk; and

      (b)      believes that the matters causing the child to be at risk are not being adequately addressed,

the Chief Executive must cause an investigation into the circumstances of the child to be carried out or must effect an alternative response which more appropriately addresses the risk to the child.

Legislative Council’s Amendment No. 19.

       New clause, after clause 10—

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1)) insert:

      (2)       If the Chief Executive suspects on reasonable grounds that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person, the Chief Executive must apply for an order under this Division directing the parent, guardian or other person to undergo a drug assessment (unless the Chief Executive is satisfied that an appropriate drug assessment of the parent, guardian or other person has already occurred, or is to occur, and that a report of the assessment has been, or will be, furnished to the Chief Executive).

Legislative Council’s Amendment No. 22.

 

 

 

       New clause, after clause 11—

Insert:

11A—Amendment of section 37—Application for care and protection order

Section 37—after subsection (1) insert:

     (1a)      If the Minister is of the opinion that a child is at risk as a result of the abuse of an illicit drug by a parent, guardian or other person who has the care of the child, the Minister must apply to the Youth Court for an order under this Division requiring the parent, guardian or other person to enter into a written undertaking for a specified period (not exceeding 12 months)—

      (a)       to undergo treatment for the drug abuse; and

      (b)      to submit to periodic testing for drug use; and

      (c)       to authorise the release of information regarding the treatment, and the results of the tests, to the Chief Executive,

(unless the Minister is satisfied that the parent, guardian or other person is undergoing, or is to undergo, such treatment, is submitting, or is to submit, to such testing and has authorised the release of such information and the results of such testing to the Chief Executive).

 

Schedule of the alternative amendments made by the House of Assembly in lieu thereof

Amendment No. 18.

       New clause, after clause 10—

Insert:

10B—Amendment of section 19—Investigations

Section 19(1)—delete subsection (1) and substitute:

If the Chief Executive—

suspects on reasonable grounds that a child is at risk: and

      (a)       believes that the matters causing the child to be at risk are not being adequately addressed; and

      (b)      believes that an investigation is the most appropriate response,

the Chief Executive must cause an investigation into the circumstances of the child to be carried out.

Amendment No. 19.

       New clause, after clause 10—

Insert:

10C—Amendment of section 20—Application for order

Section 20—after its present contents (now to be designated as subsection (1)) insert:

      (2)       If the Chief Executive—

      (a)       knows or suspects on reasonable grounds—

  i.     that a child is at risk as a result or drug abuse by a parent, guardian or other person; and

ii.     that the cause of the child being at risk is not being adequately addressed; and

      (b)      is of the opinion that an assessment (including a drug assessment), in pursuance of an order under the Division, to determine the capacity of the parent, guardian or other person to care for and protect the child is the most appropriate response,

the Chief Executive must apply to the Youth Court for an order under this Division for such an assessment.

Amendment No. 22.

       New clause, after clause 11—

Insert:

11A—Amendment of section 37—Application for care and protection order

Section 37—after subsection (1) insert:

     (1a)      If the Minister—

      (a)       knows or suspects on reasonable grounds—

  i.     that a child is at risk as a result or drug abuse by a parent, guardian or other person; and

ii.     that the cause of the child being at risk is not being adequately addressed; and

      (b)      is of the opinion that the most appropriate response is an order under this Division for one or more of the following purposes:

  i.     to ensure that the parent, guardian or other person undergoes appropriate treatment for drug abuse;

ii.     to ensure that the parent, guardian or other person submits to periodic testing for drug abuse;

iii.     to authorise or require the release of information regarding the treatment or the results of the tests to the Chief Executive,

the Minister must apply to the Youth Court for such an order.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration forthwith.

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

 

 

 

 

In the Committee

 

                          Resolved - That Amendment No. 18 be insisted on.

                          Resolved - That Amendment No. 19 be insisted on.

                          Resolved - That Amendment No. 22 be insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

74.

At two minutes past eleven o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

75.

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

 

In the Committee

 

                          Clause No. 5 further considered, amended and agreed to.

                          Clauses No. 6 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 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.

                 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.

 

Statutes Amendment
(Criminal Procedure)
Bill.

 

76.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

77.

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 Minister for Industry and Trade, the debate was adjourned and ordered to be resumed on motion.

 

Terrorism
(Preventative
Detention) Bill.

 

78.

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

Message No. 145

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to provide more expeditious remedies for those suffering from disabilities resulting from exposure to dust; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 30 November 2005.                                                            R. B. SUCH, Speaker.

 

Messages from
House of Assembly:
Dust Diseases Bill.

 

 

 

Schedule of the amendments made by the House of Assembly

Amendment No 1—

Clause 3, page 2, line 6 to page 3, line 15—

Delete clause 3 and substitute:

3—Interpretation

In this Act, unless the contrary intention appears—

defendant includes a third-party against whom contribution is sought;

dust disease means one or more of the following:

      (a)       asbestosis;

      (b)      asbestos induced carcinoma;

      (c)       asbestos related pleural disease;

      (d)      mesothelioma;

      (e)       any other disease or pathological condition resulting from exposure to asbestos dust;

dust disease action means a civil action in which the plaintiff—

      (a)       claims damages for or in relation to a dust disease or the death of a person as a result of a dust disease; and

      (b)      asserts that the dust disease was wholly or partly attributable to a breach of duty owed to the person who suffered the disease by another person;

injured person means a person who is suffering from, or who has suffered from, a dust disease.

Amendment No 2—

Clause 4, page 3, lines 16 to 22—

Delete clause 4 and substitute:

4—Object of this Act

The object of this Act is to ensure that residents of this State who claim rights of action for, or in relation to, dust diseases have access to procedures that are expeditious and unencumbered by unnecessary formalities of an evidentiary or procedural kind.

Amendment No 3—

Clause 5, page 3, lines 23 and 24— leave out.

Amendment No 4—

Clause 6, page 3, lines 25 to 37—

Delete clause 6 and substitute:

6—District Court to ensure expeditious hearing and determination of dust disease actions

The District Court will give the necessary directions to ensure that dust disease actions have priority over less urgent cases and are dealt with as expeditiously as the proper administration of justice allows.

Amendment No 5—

Clause 7, page 4, lines 1 to 6—

Delete clause 7 and substitute:

7—Transfer of actions to the District Court

A dust disease action commenced in the Magistrates Court or the Supreme Court before the commencement of this Act will, on application by any party, be transferred to the District Court.

Amendment No 6—

 

 

 

Clause 8, page 4, lines 7 to 12—

Delete clause 8 and substitute:

8—Costs

      (1)       Costs of proceedings in dust disease actions before the District Court will be allowed or awarded on the same basis as for other actions in the District Court.

      (2)       However, if the District Court considers it appropriate, costs of an action that falls within the jurisdictional limits of the Magistrates Court may be allowed or awarded on the same basis as for a civil action in the Magistrates Court.

Amendment No 7—

Clause 9, page 4, lines 13 to 31—

Delete clause 9 and substitute:

9—Evidentiary presumptions and special rules of evidence and procedure

      (1)       If it is established in a dust disease action that a person (the injured person)—

      (a)       suffers or suffered from a dust disease; and

      (b)      was exposed to asbestos dust in circumstances in which the exposure might have caused or contributed to the disease,

it will be presumed, in the absence of proof to the contrary, that the exposure to asbestos dust caused or contributed to the injured person's dust disease.

      (2)       A person who, at a particular time, carried on a prescribed industrial or commercial process that could have resulted in the exposure of another to asbestos dust will be presumed, in the absence of proof to the contrary, to have known at the relevant time that exposure to asbestos dust could result in a dust disease.

      (3)       The following rules apply in a dust disease action:

      (a)       the Court may admit evidence admitted in an earlier dust disease action against the same defendant (including in a dust disease action brought in a court of the Commonwealth or another State or Territory);

      (b)      the Court may dispense with proof of any matter that appears to the Court to be not seriously in dispute;

      (c)       the Court may invite a party to admit facts of a formal nature, or facts that are peripheral to the major issues in dispute, and may, if the party declines to do so, award the costs of proving those facts against the party.

      (4)       If —

      (a)       a finding of fact has been made in a dust disease action by a court of this State, the Commonwealth or another State or Territory; and

      (b)      the finding is, in the Court's opinion, of relevance to a dust disease action before the court,

the court may admit the finding into evidence and indicate to the parties that it proposes to make a corresponding finding in the case presently before the Court unless the party who would be adversely affected satisfies the Court that such a finding is inappropriate to the circumstances of the present case.

Amendment No 8—

Clause 10, page 4, line 32 to page 5, line 11—

Delete clause 10 and substitute:

10—Damages

      (1)       If it is proved or admitted in a dust disease action that an injured person may, at some time in the future, develop another dust disease wholly or partly as a result of the breach of duty giving rise to the cause of action, the Court may—

      (a)       award, in the first instance, damages for the dust disease assessed on the assumption that the injured person will not develop another dust disease; and

      (b)      award damages at a future date if the injured person does develop another dust disease.

      (2)       The Court should make an award of exemplary damages in each case against a defendant if it is satisfied that the defendant—

      (a)       knew that the injured person was at risk of exposure to asbestos dust, or carried on a prescribed industrial or commercial process that resulted in the injured person's exposure to asbestos dust; and

      (b)      knew, at the time of the injured person's exposure to asbestos dust, that exposure to asbestos dust could result in a dust disease.

      (3)       Despite any other Act or law, the Court must, when determining damages in a dust disease action, compensate, as a separate head of damage, any loss or impairment of the injured person's capacity to perform domestic services for another person.

Note—

This subsection is intended to restore the effect of Sullivan v Gordon (1999) 47 NSWLR 319.

Amendment No 9—

 

 

 

Clause 11, page 5, lines 12 to 20— leave out.

Amendment No 10—

Clause 12, page 5, lines 21 to 42—

Delete clause 12 and substitute:

12—Procedure where several defendants or insurers involved

The Court will determine questions of liability and quantum of liability to the plaintiff before dealing with questions of contribution between defendants or insurers unless, in the opinion of the Court, any delay resulting from dealing with the questions together is inconsequential in the circumstances.

Amendment No 11—

New clause, page 5, after line 42—

After clause 12 insert:

12A—Dust disease action may be brought directly against insurer in certain cases

      (1)       If the defendant to a dust disease action—

      (a)       is dead or has been dissolved; or

      (b)      is insolvent; or

      (c)       cannot be found,

a dust disease action that might have been brought against the defendant (the absent defendant) may be brought instead directly against an insurer who insured the defendant against a liability to which the action relates.

      (2)       An insurer against whom an action is brought under subsection (1) has the same rights, powers, duties and liabilities in relation to the action as the absent defendant would have had if the action had been brought against the absent defendant.

      (3)       The extent of the insurer's liability cannot, however, exceed the extent to which the insurer would have been liable to indemnify the absent defendant if the action had been brought against the absent defendant.

Amendment No 12—

Clause 13, page 6, lines 1 to 11— leave out.

Amendment No 13—

New clause, page 6, after line 11—

After clause 13 insert:

14—Regulations

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

Amendment No 14—

Schedule 1, page 6, after line 20—

After Part 1 insert:

Part 1A—Amendment of Limitation of Actions Act 1936

1A—Amendment of section 36—Personal injuries

Section 36—after subsection (1) insert:

     (1a)      However, in the case of a personal injury that remains latent for some time after its cause, the period of 3 years mentioned in subsection (1) begins to run when the injury first comes to the person's knowledge.

Part 1B—Amendment of Survival of Causes of Action Act 1940

1B—Amendment of section 3—Damages in actions which survive under this Act

Section 3(2), after "and curtailment of expectation of life," insert:

and exemplary damages,

Amendment No 15—

 

 

 

Schedule 1, page 6, lines 25 to 31—

Clause 2—Delete clause 2 and substitute:

2—Transitional provision

      (1)       This Act (and the amendments made by this Act) apply to causes of action arising and actions commenced before or after the commencement of this Act.

      (2)       However, subclause (1) does not apply to an action commenced before the commencement of this Act if the trial has commenced before the commencement of this Act.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

     

Message No. 146

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Children’s Protection (Miscellaneous) Amendment Bill. In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 30 November 2005.                                                            R. B. SUCH, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room on the first floor of the Legislative Council, at the hour of 11.15 a.m. on Thursday, 1 December 2005, and that the Hon. G. E. Gago, the Hon. J. M. Gazzola, the Hon. R. D. Lawson, the Hon. K. J. Reynolds and the Hon. N. Xenophon be the Managers on the part of this Council.

 

Children’s
Protection
(Miscellaneous)
Amendment Bill.

 

79.

Ordered - That the adjourned debate on the question - That the Terrorism (Preventative Detention) Bill be now read a second time - be now resumed.

                 Question put.

Terrorism
(Preventative
Detention) Bill.

 

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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 second time.

                 The Hon. I. Gilfillan, pursuant to contingent notice, moved -

       I.      That this Bill be referred to a Select Committee;

      II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

    III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence presented to the Committee prior to such evidence being reported to the Council; and

    IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Debate ensued.

                 Question put.

 

 

 

             Council divided:

Ayes, 4

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. P. Holloway (Teller)

 

 

                 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. 52 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 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.

 

 

 

80.

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

 

Postponement
of Business.

 

81.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day
of Sitting.

 

82.

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

Message No. 147

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Road Traffic (Drug Driving) Amendment Bill without amendment.

House of Assembly, 1 December 2005.                                                               R. B. SUCH, Speaker.

 

Messages from
House of Assembly:
Road Traffic
(Drug Driving)
Amendment Bill.

 

 

 

Message No. 148

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1 to 4 without amendment and has agreed to Amendment No. 5 made by the Legislative Council in the Terrorism (Police Powers) Bill with the amendment indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 1 December 2005.                                                               R. B. SUCH, Speaker.

 

Terrorism
(Police Powers) Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

to the amendment of the Legislative Council

No. 1.

         That Amendment No. 5 be agreed to with the following amendment

                 Leave out “6” and insert “14” in lieu thereof.

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

 

                 Ordered - That the Message be taken into consideration forthwith.

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

 

In the Committee

 

                          Resolved - That the amendment made by the House of Assembly to Amendment No. 5 be agreed to.

_____________________

 

And it being twelve of the clock:

THURSDAY 1 DECEMBER 2005

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

 

Message No. 149

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Local Government (Lochiel Park Lands) Amendment Bill without amendment.

House of Assembly, 30 November 2005.                                                            R. B. SUCH, Speaker.

 

Local Government
(Lochiel Park Lands)
Amendment Bill.

 

 

 

Message No. 150

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Guardianship and Administration (Miscellaneous) Amendment Bill without amendment.

House of Assembly, 30 November 2005.                                                            R. B. SUCH, Speaker.

 

Guardianship and
Administration
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 151

                 MR. PRESIDENT - In reply to Message No. 127 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 30 November 2005.                                                            R. B. SUCH, Speaker.

 

Children’s Protection (Miscellaneous) Amendment Bill.

 

83.

Council adjourned at twelve minutes past one o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

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