SOUTH AUSTRALIA]

No. 40

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY  3  JUNE  2009

   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 Hon. J. M. Gazzola brought up the Twenty-Second Report, 2008-2009, of the Legislative Review Committee.

Legislative Review
Committee -
Twenty-Second
Report, 2008-2009.

    3.

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

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Death in Custody of Mr. Charles Sweetland - Report of actions taken following the Coronial Inquiry dated 11 May 2009.

                 Death in Custody of Mr. Damien Dittmar - Report of actions taken following the Coronial Inquiry dated 12 May 2009.

                 Legislative Council Select Committee Report on the Proposed Sale and Redevelopment of the Glenside Hospital Site - South Australian Government Response dated February 2009.

Papers.

    4.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning a Further Update on Swine Influenza.

Ministerial
Statement Tabled.

   5.

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

Statements on
Matters of Interest.

   6.

The Hon. J. M. Gazzola, pursuant to notice, moved - That By-law No. 8 of the Corporation of the City of Mitcham concerning Vehicles, made on 2 April 2009 and laid on the Table of this Council on 7 April 2009, be disallowed.

                 Question put and passed.

By-law No. 8 -
City of Mitcham -
Vehicles - Motion for
Disallowance of.

    7.

Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

   8.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council notes with concern the potential for conflict of interest in the development of the 30 Year Plan for Greater Adelaide.

                 And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 17 June 2009.

Potential Conflicts
of Interest in
30 Year Plan for
Greater Adelaide -
Motion re.

   9.

The Hon. R. L. Brokenshire, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. L. Brokenshire then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 June 2009.

Statutes Amendment
(Assaults on Police)
Bill.

  10.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

11.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Natural Resources Committee on Water Resource Management in the Murray Darling Basin, be noted:

                 Debate resumed.

                 Question put and passed.

Natural Resources
Committee - Report
on Water Resource
Management in the
Murray Darling
Basin be noted -
Motion re.

12.

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

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 17 June 2009.

Local Government
(Waste Collection)
Amendment Bill.

13.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That the Bill be now read a second time.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 17 June 2009.

National Parks
and Wildlife
(Ban on Hunting
Protected Animals)
Amendment Bill.

14.

The Hon. D. N. Winderlich, by leave, moved Notice of Motion (Private Business) No. 6 in an amended form, viz.:  That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. N. Winderlich then moved - That the Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 17 June 2009.

Environment
Protection (Testing,
Monitoring and
Auditing)
Amendment Bill.

15.

Ordered - That Order of the Day (Private Business) No. 7 be discharged.

Business
Discharged.

16.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Committee inquire into and report on any proposal, matter or issue concerned with bushfire:

                 Debate resumed.

                 Question put and passed.

Bushfire -
Natural Resources
Committee to
inquire into -
Motion re.

  18.

Ordered - That Orders of the Day (Private Business) No. 10 to No. 16 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications Films and Computer Games) (R18+ Films) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until Wednesday, 17 June 2009.

Classification
(Publications Films
and Computer
Games)
(R18+ Films)
Amendment Bill.

  20.

Ordered - That Orders of the Day (Private Business) No. 18 and No. 19 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  21.

Ordered - That Order of the Day (Private Business) No. 20 be discharged.

Business
Discharged.

  22.

Ordered - That Order of the Day (Private Business) No. 21 be an Order of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Electricity (Compensation for Blackouts) Amendment Bill.

In the Committee

                          Clauses No. 1 to No. 5 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 Mineral Resources Development, 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.

                 Question - That the Bill be now read a third time - put and negatived.

Electricity
(Compensation
for Blackouts)
Amendment Bill.

  24.

Ordered - That Orders of the Day (Private Business) No. 23 to No. 26 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That this Council calls upon Australia’s Foreign Minister, The Hon. Stephen Smith, M.P., to lift the ban on Australian foreign aid being spent on abortion services and counselling following the lifting of the “global gag” by the President of the United States of America, Barack Obama, on 23 January 2009:

                 Debate resumed.

                 Ordered - That the Order of the Day be discharged.

Business
Discharged.

  26.

Ordered - That Orders of the Day (Private Business) No. 28 to No. 33 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

27.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

Valuation of Land (Miscellaneous) Amendment Bill.

28.

At two minutes past 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.

  29.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Valuation of Land (Miscellaneous) Amendment Bill.

In the Committee

                          Clauses No. 1 to No. 8 agreed to.

                          Title agreed to.

_____________________

Valuation of Land (Miscellaneous) Amendment Bill.

                 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 Mineral Resources Development, 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.

  30.

Ordered - That Orders of the Day (Private Business) No. 35 to No. 39 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  31.

On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Select Committee on Families SA be noted:

                 Question put and passed.

Select Committee
on Families SA -
Interim Report,
be noted -
Motion re.

  32.

Ordered - That Orders of the Day (Private Business) No. 41 to No. 43 be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  33.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Regulations under the Development Act 1993 concerning Heated Water Services, made on 26 June 2008 and laid on the Table of this Council on 22 July 2008, be disallowed:

                 Debate resumed.

Development Act -
Regulations -
Heated Water
Services - Motion
for Disallowance of.

                 Ordered - That the Order of the Day be discharged.

Business
Discharged.

  34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson -  That the Regulations under the Waterworks Act 1932 concerning Variation, made on 19 June 2008 and laid on the Table of this Council on 22 July 2008, be disallowed:

                 Debate resumed.

Waterworks Act -
Regulations -
Variation - Motion
for Disallowance of.

                 Ordered - That the Order of the Day be discharged.

Business
Discharged.

  35.

Ordered - That Order of the Day (Private Business) No. 46 be an Order of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  36.

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

                 Debate resumed.

                 On motion of The Hon. C. Zollo, the debate was adjourned until next day of sitting.

Coroners
(Recommendations)
Amendment Bill.

  37.

Ordered - That all remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 17 June 2009.

Postponement
of Business.

  38.

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

Postponement
of Business.

  39.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Public Sector Bill.

In the Committee

                          Clause No. 21 further considered and agreed to.

                          Clauses No. 22 to No. 44 agreed to.

                          Clause No. 45 amended and agreed to.

                          Clauses No. 46 and No. 47 agreed to.

                          Clause No. 48 amended and agreed to.

                          Clauses No. 49 to No. 52 agreed to.

                          Clause No. 53 read.

                 The Hon. D. W. Ridgway moved on page 27, line 5, to leave out “A public sector agency may” and insert “The Commissioner may, at the request of a public sector agency,”.

                 Question - That the amendment be agreed to - put.

Public Sector Bill.

             Committee divided:

Ayes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. D.G.E. Hood

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. D. N. Winderlich

The Hon. D. W. Ridgway (Teller)

      So it was resolved in the affirmative.

Noes, 7

The Hon. J. A. Darley 

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

The Hon. C. Zollo

The Hon. G. E. Gago (Teller)

                 The Hon. A. M. Bressington moved on page 27, after line 18, to insert the following:

           “(3)      A public sector agency may not terminate the employment of an employee of the agency unless the employee has been given written notice advising the employee that he or she has 14 days within which to raise with the Commissioner any allegations of maladministration or misconduct on the part of the agency or an employee of the agency and that period has expired.”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 53 as amended, and as otherwise amended, agreed to.

                          Clause No. 54 read.

                 The Hon. D. W. Ridgway moved on page 27, lines 22 and 23, to leave out paragraph (b) and insert the following:

     “(b)     suspend an employee of the agency from duty for a specified period (which may be or include an antecedent period) with or without remuneration or accrual of leave rights,”.

                 The Hon. D. W. Ridgway, by leave, withdrew the amendment.

                          Clause No. 54 agreed to.

                          Clause No. 55 agreed to.

                          Clause No. 56 amended and agreed to.

                          Clauses No. 57 to No. 60 agreed to.

                          Clause No. 61 amended and agreed to.

                          Clauses No. 62 to No. 80 agreed to.

                          Schedule No. 1 agreed to.

                          Schedule No. 2 read.

                 The Minister for State/Local Government Relations moved on page 41, after line 27, to insert the following:

    “(2a)     Before the Governor makes an appointment under subclause (2), the Minister must invite representations from public sector representative organisations on the proposed appointment.

     (2b)     A person appointed as a commissioner must have, in the opinion of the Governor, appropriate knowledge and experience of principles and practices of public sector employment.”.

                 The Hon. M. C. Parnell moved on page 41, after line 27, to insert the following:

    “(2a)     A person appointed as a commissioner must have, in the opinion of the Governor, appropriate knowledge and experience of principles and practices of public sector employment.”.

                 The Minister for State/Local Government Relations, by leave, withdrew the amendment.

                 The Hon. M. C. Parnell, by leave, withdrew the amendment.

                          Schedule No. 2, as otherwise amended, agreed to.

                          Schedule No. 3 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.

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

  40.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 10 be Orders of the Day for next day of sitting.

Postponement
of Business.

  41.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 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. 7 agreed to.

                          Clause No. 8 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 next day of sitting.

Waterworks (Rates)
Amendment Bill.

42.

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

Message No. 68

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Electoral Act 1985 and to make related amendments to the Constitution Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 June 2009.                                                                     J. J. SNELLING, Speaker.

                 Bill read a first time.

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

Messages from
House of Assembly:
Electoral (Miscellaneous)
Amendment Bill.

Message No. 69

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Australian Energy Market Commission Establishment Act 2004, the Electricity Act 1996 and the Gas Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 June 2009.                                                              J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

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

Statutes Amendment (Australian Energy Market Operator) Bill.

Message No. 70

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the National Gas (South Australia) Act 2008, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 June 2009.                                                              J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

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

National Gas
(South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Bill.

Message No. 71

                 MR. PRESIDENT - The House of Assembly does not insist on its disagreement to Amendment No. 24 made by the Legislative Council in the Mental Health Bill.

House of Assembly, 3 June 2009.                                                              J. J. SNELLING, Speaker.

Mental Health Bill.

Message No. 72

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the National Electricity (South Australia) Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 3 June 2009.                                                              J. J. SNELLING, Speaker.

                 Bill read a first time.

                 The Minister for Mineral Resources Development then moved - That the Bill be now read a second time.

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

National Electricity (South Australia) (National Electricity Law—Australian Energy Market Operator) Amendment Bill.

43.

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

Next Day of Sitting.

44.

Council adjourned at twenty seven minutes past ten 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. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

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. 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. D. N. Winderlich

The Hon. R. P. Wortley

The Hon. C. Zollo