SOUTH AUSTRALIA]

No. 42

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  31  MARCH  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

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

        By the President -

                 City of Onkaparinga - Report and Annual Review 2002-2003.

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 South Australian Council on Reproductive Technology - Report, 2003.

                 Report -

                          Ministerial Response to the Inquiry of the Statutory Authorities Review Committee into the South Australian Housing Trust - 35th Report of the Statutory Authorities Review Committee, 10 November 2003.

 

Papers.

   3.

The Hon. J. M. Gazzola brought up the Seventeenth Report, 2003-2004 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 -

Radiation Protection and Control Act 1982 - Transport.

Victims of Crime Act 2001 - Compensation.

 

Legislative
Review
Committee -
Seventeenth Report,
2003-2004.

   4.

The Hon. J. M. Gazzola brought up the Eighteenth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Eighteenth Report,
2003-2004.

 

   5.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the State Strategic Plan for South Australia.

 

Ministerial
Statement Tabled.

   6.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Government’s Population Policy.

 

Ministerial
Statement Tabled.

   7.

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

 

Statements on
Matters of Interest.

   8.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

   9.

The Hon. R. D. Lawson, pursuant to notice, moved -

               I.      That the Legislative Council establish a Select Committee to investigate the care of children under the guardianship of the Minister and, in particular -

                       (a)     whether the State Government, and in particular Family and Youth Services (FAYS), provides sufficient and appropriate support to foster parents;

                       (b)     to identify problems being confronted by foster parents;

                       (c)     to examine the tendering process by the Department of Human Services for new contracts to support foster carers and children, and whether these contracts will provide the required support;

                       (d)     to examine alternative care being provided to children under guardianship;

                       (e)     whether the children are at risk of abuse due to the lack of resources within FAYS; and

                       (f)      any other related matters.

             II.      That the Select Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and 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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            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.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 5 May 2004.

 

Children under
Ministerial
Guardianship -
Select Committee
on -
Motion re.

10.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

11.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

               I.      That a Select Committee of the Legislative Council be established to inquire into and make recommendations on the role and adequacy of Government funded national broadcasting and to examine the impact of these broadcasters on the South Australian economy and community, and, in particular, to examine -

                       (a)     the current and long-term distribution of Government funded national broadcasting resources and the effect of this distribution on South Australia;

                       (b)     the effects on industry, including broadcasting, film and video production and multimedia;

                       (c)     the effects on the arts, sporting and cultural life in South Australia, including whether Government funded national broadcasters adequately service South Australia;

                       (d)     whether Government funded national broadcasters adequately service South Australia in respect of South Australian current affairs and sports coverage; and

                       (e)     the programming mix available from Government funded national broadcasters and how programming decisions are made and whether the programming which is delivered is geographically balanced.

             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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

            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 resumed.

                 Question put and passed.

                 The Hon. N. Xenophon then moved - That the Select Committee consist of the Hon. J.S.L. Dawkins, The Hon. G. E. Gago, the Hon. T. J. Stephens, the Hon. C. Zollo and the mover.

                 Question put and passed.

                 The Hon. N. Xenophon moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 7 July 2004.

                 Question put and passed.

 

Role and Adequacy
of Government
Funded National
Broadcasting -
Select Committee
on -
Motion re.

13.

Ordered - That Order of the Day (Private Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

14.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 6 be Orders of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

15.

Ordered - That the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Environment, Resources and Development Committee on an Inquiry into Wind Farms, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

Environment,
Resources and
Development
Committee - Report
on an Inquiry into
Wind Farms
to be noted -
Motion re.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 7 to No. 18 be Orders of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

17.

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 Environment, Resources and Development Committee, 2002-2003, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee -
Report, 2002-2003
be noted -
Motion re.

 

18.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for Wednesday, 5 May 2003.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Regulations under the Liquor Licensing Act 1997 concerning Long Term Dry Areas - Adelaide, North Adelaide, made on 30 October 2003 and laid on the Table of this Council on 12 November 2003, be disallowed:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 5 May 2004.

 

Liquor Licensing
Act - Regulations -
Long Term Dry
Areas -
Adelaide,
North Adelaide -
Motion for
disallowance of.

 

20.

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 an Inquiry into Supported Accommodation, 2002-2003, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social Development
Committee -
Report  on an
Inquiry into
Supported
Accommodation
be noted -
Motion re.

 

21.

Ordered - That Orders of the Day (Private Business) No. 23 and No. 24 be Orders of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Government Business) No. 25 be discharged.

 

Business Discharged.

23.

Ordered - separately - That Orders of the Day (Private Business) No. 26 to No. 53 be Orders of the Day for Wednesday, 5 May 2004.

 

Postponement
of Business.

24.

Ordered - separately - That Order of the Day (Private Business) No. 54 and Orders of the Day (Government Business) No. 1 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

25.

Council adjourned at twenty-four 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. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon