SOUTH AUSTRALIA]

No. 81

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  9  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 15.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 47 of 2005 - An Act to amend the Maritime Services (Access) Act 2000.

                 No. 48 of 2005 - An Act to amend the Broken Hill Proprietary Company’s Steel Works Indenture Act 1958.

                 No. 49 of 2005 - An Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

                 No. 50 of 2005 - An Act to modify the general law relating to the tort of defamation; to repeal provisions of the Civil Liability Act 1936 relating to the tort of defamation; to amend the Criminal Law Consolidation Act 1935, the Evidence Act 1929 and the Limitation of Actions Act 1936; and for other purposes.

                 No. 51 of 2005 - An Act to protect the health and safety of the public by providing for the registration of occupational therapists and occupational therapy students; to regulate the provision of occupational therapy for the purpose of maintaining high standards of competence and conduct by the persons who provide it; to repeal the Occupational Therapists Act 1974; and for other purposes.

                 No. 52 of 2005 - An Act to amend the Pitjantjatjara Land Rights Act 1981.

                 No. 53 of 2005 - An Act to amend the Harbors and Navigation Act 1993, the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

                 No. 54 of 2005 - An Act to amend the Electrical Products Act 2000.

                 No. 55 of 2005 - An Act to provide for the recognition of carers; and for other purposes.

Government House, Adelaide.                                         MARJORIE JACKSON-NELSON, Governor.

9 November 2005.

 

Message from
Governor:
Assent to Bills.

 

   3.

The Minister for Industry and Trade (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment and Repeal (Aggravated Offences) Bill.

                 Question put and passed.

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

   4.

The Minister for Industry and Trade, by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. J. C. Irwin, former President of the Legislative Council and places on record its appreciation of his distinguished and meritorious public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. R. I. Lucas, the Hon. I. Gilfillan, the Hon. R. D. Lawson, the Hon. C. V. Schaefer, the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), the Hon. A. J. Redford, the Hon. N. Xenophon, the Minister for Mental Health and Substance Abuse (The Hon. C. Zollo), the Hon. J. F. Stefani, the Hon. J.S.L. Dawkins, the Hon. R. K. Sneath, the Hon. J.M.A. Lensink and the President:

                 Motion carried in silence, Members standing in their places.

 

Death of
Hon. J. C. Irwin.

 

   5.

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

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

 

Suspension and
Resumption of
Sitting.

 

    6.

The following Paper was laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Administration of the Food Act 2001 - Report, 2004-2005.

 

Paper.

 

   7.

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

 

Legislative
Review
Committee -
Twenty-Ninth Report, 2004-2005.

 

 

   8.

The Hon. J. M. Gazzola brought up the Thirtieth 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 -

Public Sector Management Act 1995 - Exemptions.

South Australian Housing Trust Act 1995 - Disclosure of Interest.

Public Corporations Act 1993 - South Australian Health Commission.

Fisheries Act 1982 - Management Committees.

Fisheries Act 1982 - Commercial Netting Closures.

 

Legislative
Review
Committee -
Thirtieth Report,
2004-2005.

 

 

   9.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Rape, Sexual Assault and Domestic Violence Law Reform.

 

Ministerial
Statement Tabled.

 

10.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. Hill, M.P.) concerning the Wudinna Hospital, together with a copy of a Report of the Findings of an Independent Review into the Hospital.

 

Ministerial
Statement and
Document Tabled.

 

11.

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

 

Statements on
Matters of Interest.

 

12.

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.

 

10.

The President called on Members to resume Statements on Matters of Interest.

 

Statements on
Matters of Interest resumed.

 

 

13.

The Hon. K. J. Reynolds, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to prohibit discrimination and other specified conduct and to provide for the investigation and conciliation of, and inquiry into, complaints in relation to such discrimination and conduct.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. K. J. Reynolds then moved - That this Bill be now read a second time.

                 The President ordered - That the Hon. K. J. Reynolds seek leave to amend the record so that the terms of the Notice of Motion accorded with the Long Title of the Bill, viz: A Bill for an Act to prohibit discrimination and other specified conduct and to provide for the investigation and conciliation of, and inquiry into, complaints in relation to such discrimination and conduct; to repeal the Equal Opportunity Act 1984; and to amend the Public Sector Management Act 1995.

                 And the Hon. K. J. Reynolds, having sought leave, leave granted.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 23 November 2005.

 

Equal Opportunity
Bill.

 

  14.

Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 23 November 2005.

 

Postponement
of Business.

 

15.

The Hon. N. Xenophon, having obtained leave to amend the motion of which notice had been given, moved - That he have leave to introduce a Bill for an Act to provide more expeditious remedies for those suffering from disabilities resulting from exposure to dust; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 23 November 2005.

 

Dust Diseases Bill.

 

  16.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council -

       I.      Notes Australia’s ongoing and unconditional opposition to the use of the death penalty;

      II.      Expresses deep concern regarding the decision of the President of Singapore, on the recommendation of the Singapore Cabinet, to reject clemency for the death sentence which has been imposed on Australian citizen, Mr. Van Tuong Nguyen;

    III.      Notes Mr. Van Tuong Nguyen’s full confession, his demonstrable remorse for his actions and his full co-operation with Singapore’s authorities and the Australian Federal Police;

    IV.      Respectfully notes the capacity under the Singapore Constitution to grant clemency in rare circumstances and notes that Mr. Van Tuong Nguyen’s case fits the criteria;

      V.      Notes that the United Nations Commission on Human Rights has urged states which still maintain the death penalty not to impose it as a mandatory sentence, or for crimes without lethal or extremely grave consequences; and

    VI.      Respectfully urges the Singaporean Cabinet to reconsider its decision and show compassion and commute Mr. Van Tuong Nguyen’s death sentence to a custodial sentence,

and that this Message be conveyed to the Government of Singapore.

                 Debate ensued.

                 Question put and passed.

 

Death Sentence
for  Mr. Van Tuong
Nguyen -
Motion re.

 

  17.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - 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.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 23 November 2005.

 

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

 

18.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 23 November 2005.

 

Crown Lands
(Prescribed Shack
Sites) Amendment
Bill.

 

  19.

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 appointed to inquire into and report on -

(a)        The structure of the wholesale and retail markets in South Australia for petrol, diesel and LPG fuels.

(b)        The impact of the 2003 closure of the Port Stanvac refinery and fuel storage facilities have had on the reliability and pricing of petrol, diesel and LPG for South Australian consumers.

(c)        Any agreement entered into between the Government of South Australia and any entity or entities over the closure of the Port Stanvac refinery and fuel storage facilities.

(d)        The effect of the agreement on aiding or impeding wholesale competition for petrol, diesel and LPG in South Australia.

(e)        The nature and extent of competition in the wholesale petrol, diesel and LPG markets in South Australia and the impact of such on the supply and pricing of these products to South Australian consumers.

(f)         The practices and conduct of oil companies operating in South Australia (including Mobil, Caltex, Shell and BP) and the impact of such on the supply and pricing of petroleum fuels in South Australia.

(g)        Whether South Australian industry, the farming sector and emergency and essential services operators have been affected by any issues relating to the supply of petrol, diesel and LPG since 2003, and, if so, whether such matters have been addressed satisfactorily, or need to be addressed.

(h)        The potential impact on the wholesale and retail price of petrol, diesel and LPG in South Australia if there are significant fuel storage facilities not controlled by major oil companies.

(i)         The potential role of Government to facilitate wholesale competition for petrol, diesel and LPG in South Australia and any infrastructure issues relating thereto.

(j)         Any other matters.

      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.

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

 

 

 

    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.

                 The Hon. A. J. Redford moved to amend the motion in paragraph I, after subparagraph (i) by inserting new subparagraph as follows:

“(j)       The environmental state of the Port Stanvac refinery site and the steps needed to ensure that the site is returned to an acceptable environmental state.”.

                 And in paragraph II, after “That” by inserting “the 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”.

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

                 Question put and negatived.

                 Debate resumed.

                 Question - That the amendments moved by the Hon. A. J. Redford to the motion moved by the Hon. N. Xenophon be agreed to - put and passed.

                 Question - That the motion moved by the Hon. N. Xenophon, and as amended by the Hon. A. J. Redford, be agreed to - put and passed.

Standing Orders Suspended.

 

 

 

                 The Hon. N. Xenophon moved - That the Select Committee consist of the Minister for Aboriginal Affairs and Reconciliation, the Hon. J. M. Gazzola, the Hon. K. J. Reynolds, the Hon. A. J. Redford, the Hon. T. J. Stephens 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, 30 November 2005.

                 Question put and passed.

 

Select Committee Appointed.

 

  20.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 23 November 2005.

 

Postponement
of Business.

 

  21.

The Hon. R. K. Sneath, according to order, moved - That the Report of the Natural Resources Committee 2004-2005, be noted.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday, 23 November 2005.

 

Report of Natural
Resources Committee
2004-2005
be noted -
Motion re.

 

  22.

Ordered - That Orders of the Day (Private Business) No. 6 to No. 39 be Orders of the Day for Wednesday, 23 November 2005.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Human Rights Bill be now read a second time:

                 Debate resumed.

                 Question put.

Human Rights
Bill.

 

 

             Committee divided:

Ayes, 11

The Hon. J.S.L. Dawkins

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. N. Xenophon

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for Wednesday, 23 November 2005.

 

 

 

  24.

Ordered - That Orders of the Day (Private Business) No. 41 to No. 43 be Orders of the Day for Wednesday, 23 November 2005.

 

Postponement
of Business.

 

  25.

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.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Adelaide Park Lands Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 10 NOVEMBER 2005

_____________________

 

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

 

Adelaide
Park Lands Bill.

 

  27.

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

 

Postponement
of Business.

 

28.

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

 

Next Day
of Sitting.

 

 

29.

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

Message No. 131

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to give special powers to police officers to prevent and investigate terrorist acts; to amend the Emergency Management Act 2004; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2005.                                                                 R. B. SUCH, Speaker. Bill read a first time.

                 The Minister for Industry and Trade 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:
Terrorism (Police
Powers) Bill.

 

 

 

Message No. 132

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for the construction of an underpass to replace the Bakewell Bridge at Mile End; to repeal the Mile End Overway Bridge Act 1925; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 8 November 2005.                                                                 R. B. SUCH, Speaker. Bill read a first time.

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

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Mile End
Underpass Bill.

 

 

 

Message No. 133

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Transplantation and Anatomy Act 1983, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 November 2005.                                                                 R. B. SUCH, Speaker.
         Bill read a first time.

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

 

Transplantation
and Anatomy
(Post-Mortem
Examinations)
Amendment Bill.

 

30.

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

 

Next Day
of Sitting.

 

31.

Council adjourned at fifteen minutes past twelve o’clock midnight until tomorrow 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. 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.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo