SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  7  JUNE  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 Environment and Conservation (The Hon. G. E. Gago) -

                 District Council By-laws - Berri Barmera -

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Local Government Land.

                          No. 4 - Roads.

                          No. 5 - Dogs.

 

Papers.

   3.

The Hon. J. M. Gazzola brought up the Fourth Report, 2006 of the Legislative Review Committee.

Legislative
Review
Committee -
Fourth Report,
2006.

 

   4.

The Hon. J. M. Gazzola brought up the Fifth Report, 2006 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 -

Mining Act 1971 - Royalty.

Development Act 1993 - Public Notice Categories.

Consumer Transactions Act 1972 - Consumer Contracts.

Development Act 1993 -

          Clarification of Public Notice Categories.

          Land Management Agreements.

 

Legislative
Review
Committee -
Fifth Report,
2006.

 

   5.

The Minister for Police (The Hon. P. Holloway), by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning a Bid for the 2014 World Cup Soccer Finals.

 

Ministerial
Statement Tabled.

   6.

The Minister for Environment and Conservation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. N. Xenophon to ask a supplementary 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.

   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.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee, July 2004-June 2005, on the Upper South East Dryland Salinity and Flood Management Act 2002, be noted.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 21 June 2006.

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

 

   9.

The Hon. A. M. Bressington, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. M. Bressington then moved - That this Bill be now read a second time.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until Wednesday next.

 

Controlled
Substances
(Sale of Equipment)
Amendment Bill.

10.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 21 June 2006.

 

Postponement
of Business.

11.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 6 be Orders of the Day for Wednesday, 21 June 2006.

 

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 appointed to inquire into and report on -

(a)     The structure of the wholesale and retail market 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 and diesel for South Australian consumers;

(c)          (i)      The 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;

              (ii)      The effect of the closure of Port Stanvac on the price and availability of petrol and diesel in South Australia;

             (iii)      The effect of the agreement on aiding or impeding wholesale competition for petrol and diesel in South Australia;

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

(e)     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;

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

(g)    The potential impact on consumers of the price of petrol and diesel in South Australia of fuel storage facilities not controlled by major oil companies;

(h)    The potential role of Government to facilitate wholesale competition for petrol and diesel in South Australia and any infrastructure issues relating thereto;

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

 

 

(i)      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

(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;

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

   V.      That the evidence given to the previous Legislative Council Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia, be tabled and referred to the Select Committee.:

                 Debate resumed.

                 Question put and passed.

 

 

                 The Hon. N. Xenophon moved - That the Select Committee consist of the Hon. B. V. Finnigan, the Hon. I. K. Hunter, the Hon. D. W. Ridgway, the Hon. T. J. Stephens and the mover.

                 Question put and passed.

                 The Hon. N. Xenophon moved - That the Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 20 September 2006.

                 Question put and passed.

Select Committee
Appointed.

 

 

                 The President laid upon the Table, in accordance with the Resolution of the Council, the evidence given to the previous Legislative Council Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia.

 

Evidence Tabled.

13.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 21 June 2006.

 

Postponement
of Business.

14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law (Sentencing) (Victim Impact) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 Police, 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.

 

Criminal Law
(Sentencing)
(Victim Impact)
Amendment Bill.

15.

Ordered - That Orders of the Day (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday, 21 June 2006.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas -

    I.      That a Select Committee be appointed to inquire into and report upon issues relating to allegedly unlawful practices raised by the Auditor-General in his Annual Report,
2003-2004, and, in particular -

(a)     all issues related to the operation of the Crown Solicitor’s Trust Account and the $5 million “interagency loan” between the Department for Administrative and Information Services and the Department for Water, Land and Biodiversity Conservation;

(b)    whether the practices were in fact unlawful;

(c)     the extent to which these practices have been used in other Departments;

(d)    issues of natural justice surrounding the treatment of Ms. Kate Lennon;

(e)     why agencies were unable to meet statutory reporting deadlines;

(f)     suggestions as to how the management of unspent funds should be approached in the future; and

(g)    all other related 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 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

   V.      That the evidence given to the previous Legislative Council Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report 2003-2004, be tabled and referred to the Select Committee.:

                 Debate resumed.

                 Question put.

Allegedly Unlawful
Practices Raised
in the Auditor-
General’s Report
2003-2004 -
Motion for Select
Committee on.

 

 

             Council divided:

Ayes, 10

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. N. Xenophon

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. I. Lucas moved - That the Select Committee consist of the Hon. B. V. Finnigan, the Hon. D. W. Ridgway, the Hon. R. P. Wortley, the Hon. N. Xenophon and the mover.

                 Question put and passed.

                 The Hon. R. I. Lucas moved - That the Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 20 September 2006.

                 Question put and passed.

Select Committee Appointed.

 

 

                 The President laid upon the Table, in accordance with the Resolution of the Council, the evidence given to the previous Legislative Council Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report, 2003-2004.

 

Evidence Tabled.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas -

    I.      That a Select Committee of the Legislative Council be appointed to inquire into and report upon the following matters -

(a)     Whether the Premier or any Minister, ministerial adviser or public servant participated in any activity or discussions concerning -

   (i)   the possible appointment of Mr. Ralph Clarke to a Government board or position; or

  (ii)   the means of facilitating recovery by Mr. Clarke of costs incurred by him in connection with a defamation action between Mr. Clarke and Attorney-General Atkinson.

         (The activity and discussions and events surrounding them are referred to in these terms as “the issues”.)

Atkinson/
Ashbourne/
Clarke Affair -
Motion for
Select Committee on.

 

 

(b)    If so, the content and nature of such activity or discussions.

(c)     Whether the Premier or any Minister or ministerial adviser authorised any such discussions or whether the Premier or any Minister or ministerial adviser was aware of the discussions at the time they were occurring or subsequently.

 d)     Whether the conduct (including acts of commission or omission) of the Premier or any Minister or ministerial adviser or public servant contravened any law or Code of Conduct; or whether such conduct was improper or failed to comply with appropriate standards of probity and integrity.

(e)     Whether the Premier or any Minister or ministerial adviser made any statement in relation to the issues which was misleading, inaccurate or dishonest in any material particular.

(f)     The failure of the Premier, Deputy Premier, the Attorney-General and the then Minister for Police to report the issue in the first instance to the Anti-Corruption Branch of the SA Police.

(g)    Whether the actions taken by the Premier and Ministers in relation to the issues were appropriate and consistent with proper standards of probity and public administration and, in particular -

   (i)   why no public disclosure of the issues was made until June 2003;

  (ii)   why Mr. Randall Ashbourne was reprimanded in December 2002 and whether that action was appropriate;

(iii) whether the appointment of Mr. Warren McCann to investigate the issues was appropriate;

(iv)   whether actions taken in response to the report prepared by Mr. McCann were appropriate.

(h)    What processes and investigations the Auditor-General undertook and whether the Auditor-General was furnished with adequate and appropriate material upon which to base the conclusions reflected in his letter dated 20 December 2002 to the Premier.

(i)      Whether adequate steps were taken by Mr. McCann, the SA Police and the Office of the Director of Public Prosecutions to obtain from Mr. Clarke information which was relevant to the issues.

(j)      Whether the processes undertaken in response to the issues up to and including the provision of the report prepared by Mr. McCann were reasonable and appropriate in the circumstances.

(k)     Whether there were any material deficiencies in the manner in which Mr. McCann conducted his investigation of the issues.

(l)      Whether it would have been appropriate to have made public the report prepared by Mr. McCann.

(m)    The matters investigated and all the evidence and submissions obtained by and any recommendations made by the Anti-Corruption Branch of the SA Police.

(n)    Whether Mr. Ashbourne, during the course of his ordinary employment, engaged in any (and, if so, what) activity or discussions to advance the personal interests of the Attorney-General and, if so, whether any Minister had knowledge of, or authorised, such activity or discussion.

(o)    Whether Mr. Ashbourne undertook any and, if so, what actions to “rehabilitate” Mr. Clarke, or the former Member for Price, Mr. Murray DeLaine, or any other person into the Australian Labor Party and, if so, whether such actions were undertaken with the knowledge, authority or approval of the Premier or any Minister.

(p)    The propriety of the Attorney-General contacting journalists covering the Ashbourne case in the District Court during the trial and the nature of those conversations.

(q)    With reference to the contents of the statement issued on 1 July 2005 by the Director of Public Prosecutions, Mr. Stephen Pallaris, Q.C. -

   (i)   what was the substance of the “complaint about the conduct of the Premier’s legal adviser, Mr. Alexandrides”;

  (ii)   what was the substance of the “telephone call made [by Mr. Alexandrides] to the prosecutor involved in the Ashbourne case”;

(iii) what were the “serious issues of inappropriate conduct” relating to Mr. Alexandrides;

(iv)   whether the responses of the Premier, the Attorney-General or any Minister or Mr. Alexandrides or any other person to the issues mentioned in the Director of Public Prosecutions’ statement were appropriate and timely; and

(v)   whether any person made any statement concerning the issues referred to in the Director of Public Prosecutions’ statement which was misleading, inaccurate or dishonest in any material particular.

(r)     Whether it would be appropriate in future to refer any credible allegation of improper conduct on the part of a Minister or ministerial adviser (that has not already been referred to the police) to the Solicitor-General in the first instance for investigation and advice.

(s)     If the reference of such an allegation to the Solicitor-General would not be appropriate (in general or in a particular case) or would not be possible because of the Solicitor-General’s absence or for some other reason, who would be an alternative person to whom it would be appropriate to refer such an allegation in the first instance for investigation and advice.

(t)     Whether Mr. Alexandrides assisted in framing the Terms of Reference for the Inquiry proposed by the Government in the resolution of the House of Assembly passed on 5 July 2005.

(u)    What action should be taken in relation to any of the matters arising out of the consideration by the Inquiry of these terms of reference.

             The Select Committee must not, in the course of its inquiry or Report, purport to make any finding of criminal or civil liability.

   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 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

 

 

   V.      That the evidence given to the previous Legislative Council Select Committee on the Atkinson/Ashbourne/Clarke Affair, be tabled and referred to the Select Committee.:

                 Debate resumed.

                 Question put.

 

 

             Council divided:

Ayes, 10

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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. N. Xenophon

The Hon. R. I. Lucas (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. A. M. Bressington

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

 

                 The Hon. R. I. Lucas moved - That the Select Committee consist of the Hon. B. V. Finnigan, the Hon. S. M. Kanck, the Hon. R. D. Lawson, the Hon. R. P. Wortley and the mover.

                 Question put and passed.

                 The Hon. R. I. Lucas moved - That the Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 20 September 2006.

                 Question put and passed.

Select Committee Appointed.

 

 

                 The President laid upon the Table, in accordance with the Resolution of the Council, the evidence given to the previous Legislative Council Select Committee on the Atkinson/Ashbourne/Clarke Affair.

 

Evidence Tabled.

18.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for Wednesday, 21 June 2006.

 

Postponement
of Business.

19.

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. S. G. Wade, the debate was adjourned until next day of sitting.

 

Supply Bill.

20.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

21.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Government Financing Authority (Insurance) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 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 Police, 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.

 

Government
Financing Authority
(Insurance)
Amendment Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

23.

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

 

Next Day
of Sitting.

 

24.

Council adjourned at thirty minutes past six o’clock until tomorrow at eleven o’clock a.m.

 

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