No. 1






















Council met pursuant to Proclamation published in the Government Gazette of 12 August 2004.

                 At twelve o’clock noon, the Clerk read the Proclamation, as under:


Proclamation By The Governor


South Australia


Constitution (Fourth Session of the Fiftieth Parliament)

Proclamation 2004

under section 6 of the Constitution Act 1934


1.    Short Title

This proclamation may be cited as the Constitution (Fourth Session of the Fiftieth Parliament) Proclamation 2004.

2.    Commencement

This proclamation comes into operation on the day on which it is made.

3.    Prorogation of Parliament

I prorogue the Parliament of South Australia.

4.    Fourth session of the Fiftieth Parliament

(1)    I fix 12 noon on 14 September 2004 as the time for holding the fourth session of the Fiftieth Parliament.

(2)    I declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide.

(3)    I summon the Parliament to meet for the dispatch of business at the time and place stated above and require all honourable members of the Legislative Council and the House of Assembly, and all officers of the Parliament, to attend accordingly.


Made by the Governor

with the advice and consent of the Executive Council

on 12 August 2004.


Meeting of


The Governor’s Deputy (Mr. Bruno Krumins, A.M.) having been announced by Black Rod, was received by the President at the Bar of the Council Chamber and by him conducted to the Chair.

                 His Excellency, having requested that Members take their seats, commanded Black Rod to let Members of the House of Assembly know he desired their attendance in the Legislative Council Chamber forthwith:

                 Who, being come with their Speaker:

                 His Excellency having requested the Members of the House of Assembly to be seated, was pleased to address both Houses, as follows:




        Honourable Members of the Legislative Council and Members of the House of Assembly


         I have called you together for the dispatch of business.

         I would like to thank Elder Lewis O’Brien, of the Kaurna people, for his welcome onto this land today.  I also want to acknowledge the Australian Federation Guard, which has joined us for its Second Opening of State Parliament. 

         It is with sadness that I note the passing of five former Members of Parliament.  The Honourable James Desmond Corcoran, AO, former Premier of South Australia, passed away in January this year.  Mr. Corcoran was a Member of the House of Assembly from 1962 until his retirement in 1979.  The Honourable Thomas Mannix Casey passed away in September 2003.  He served for nearly 20 years in the Parliament from 1960 - ten years as a member of the House of Assembly and nine as a Legislative Councillor.  The Honourable Alfred Francis (Frank) Kneebone passed away in February 2004.  Mr. Kneebone was a Member of the Legislative Council from 1961 until his retirement in 1975.  The Honourable Roy Kitto Abbott passed away in March 2004.  He was a Member of the House of Assembly from 1975 to 1989.  And Mr John Mathwin, OAM, passed away in June 2004.  Mr. Mathwin was a Member of the House of Assembly, holding the seat of Glenelg from 1970 to 1985. 

         My Government has pursued its objectives in building the economic, social and community wealth of our State. 

         Its policy framework is the State Strategic Plan - a document that was the culmination of a widespread and bipartisan process of public consultation and debate about the future of South Australia.  The Plan is for the entire State - not just the Government - and its ultimate aim is to create opportunity for South Australians.  It takes a broad approach to the creation of wealth - listing a number of State targets that go beyond conventional economic objectives.  In doing so, the Plan draws the connections between prosperity, individual and family health and wellbeing, environmental sustainability, creativity, a sense of community and the expansion of opportunity.  It is with this framework in mind that I outline my Government’s legislative and policy program.






         My Government is committed to achieving sustained economic growth - with all South Australians sharing in the benefits through more and better job opportunities and accessible, high-quality services.  To this end, it will develop and implement a Statewide Workforce Development Strategy designed to bring about a more skilled workforce and efficient labour market.  The Strategy - along with a review of the traineeship and apprenticeship system - will seek to ensure South Australia’s training system can provide for future skill needs.

         The Government is working hard to address the high rate of youth unemployment. 

         The Social Inclusion Board and the Economic Development Board are mobilising the public sector to work more flexibly and collaboratively.  Such partnerships will be the foundation on which long-term improvements in employment opportunities for all young South Australians will be achieved.

         The Government will soon release the first comprehensive strategic infrastructure plan for South Australia.  The plan will set out priorities over five and ten-year time frames, and it will focus on both government and business investment in infrastructure.  The immediate infrastructure priorities are at Port Adelaide and Outer Harbor and the new Adelaide Airport terminal.

         TransAdelaide will carry out its largest capital works program for many years.  It will include improvements to rail network infrastructure, an increased focus on security and safety, and the transformation of the Glenelg-to-City tram into a modern light-rail transit line. 




         My Government understands that development of export capability is one of the most important drivers of future economic growth in this State.  Indeed, under the Strategic Plan it aims to treble the value of our export income to $25 billion a year by 2013.  In recognition that it is the private sector that will be generating export growth, an industry-led Export Council has been established to lead the development and implementation of an export strategy scheduled to be released later this year.

         A State manufacturing strategy is being developed - one that will set out a ten-year plan to tackle the challenges facing that sector.

         My Government’s $15 million Plan for Accelerating Exploration is helping to open up our vast mineral and petroleum resources to investors and this is creating jobs in regional and remote South Australia.  The Government is working with the University of Adelaide to establish a world-class Centre of Excellence for research and teaching in the exploration for minerals, as well as a State-funded Chair to lead that research.

         My Government will be developing a new Fisheries Act.  Key measures in the Bill will be the recognition of indigenous cultural fishing access, the strengthening of commercial licensing arrangements, increased penalties for fish theft and a move to statutory fisheries management plans. 

         As part of the new Food Centre, my Government - in conjunction with Regional Development Boards and Food Industry Groups - will undertake an initiative to accelerate the growth of the food sector in regional South Australia.  Food Industry Development Officers will be employed to provide services and develop capabilities at a local level that will underpin long-term, sustainable growth in the food industry. 

         My Government recognises that tourism is a significant generator of jobs and economic growth, particularly in regional and rural communities.  Some of South Australia’s most spectacular tourist attractions are the centrepiece of the new $4.5 million Rediscover Yourself tourism marketing campaign.  South Australia will also reap the rewards of a decision by Qantas to provide direct flights from Auckland to Adelaide before the end of this year.  Once these flights begin, international seat capacity to Adelaide will have increased by 40 per cent since June 2003.

         The Government continues to have sound financial management among its highest priorities.  The State’s finances are on a sound footing, ensuring the Government’s higher levels of spending on health, education, community safety and the environment are sustainable.  Consistent Budget surpluses are contributing to the reduction of the State’s net debt and financial liabilities.  Lower liabilities will help the Government provide for an ageing population and other service demands in the future.

         In accordance with the Economic Development Board’s recommendations, my Government has allocated $10 million for the Venture Capital Board to implement the South Australian Private Equity Program and facilitate the establishment of one or two locally based private equity funds.




         My Government is aiming to improve the quality of life and wellbeing of all South Australians - with a focus on our being healthier and fitter, having less crime and feeling safer.

         First Steps Forward is a blueprint for health reform.  That plan concentrates on three areas: Building Better Governance, Building Better Services and Building Systems Support.  As part of Building Better Governance, three regional health services have been established: Central Northern Adelaide Health Service, Southern Adelaide Health Service and the Children, Youth and Women’s Health Service.  The new health service boards will have a major role in leading and overseeing the implementation of reform in health service delivery.

         Investment in early childhood is a key component of health reform.  The Every Chance for Every Child initiative focuses on early intervention and prevention in an effort to improve the health and wellbeing of children and families. 

         Under this program, every family with a new baby receives a visit by a nurse in the family’s home during the first weeks of a baby’s life.  Since the program began, more than 98 per cent of families with newborn babies have been offered a home visit by a nurse.  A culturally appropriate model of the visits program has been developed for Aboriginal families and 20 per cent of families of Aboriginal descent are already enrolled.




         A range of capital works projects aimed at improving mental health facilities at the Queen Elizabeth Hospital, the Women’s and Children’s Hospital, Noarlunga Hospital, Lyell McEwin Health Service and the Hillcrest, Glenside and Modbury facilities are under way. 

         In addition, the Government has committed an extra $13 million over the next four years to crisis intervention and the expansion of community-based support.

         The decade-old Mental Health Act will also be audited with a view to improving the links between the justice system and mentally ill offenders.  The Social Inclusion Initiative encompasses policies and programs which the Government believes are fundamental to achieving a better future for all South Australians.

         My Government came to office with a commitment to protect this State’s most valuable asset: our children.  A major focus for the Government over the coming year will be implementing a child protection reform program.  This follows the release of the Layton Report, and a comprehensive series of measures which have already been put in place to strengthen child protection.  A four-year funding package worth more than $148 million will allow for the employment this financial year of an extra 186 new child protection workers.  The coming year will also see the start of the Commission of Inquiry into the Sexual Abuse of Children and Young People under the care of the State.

         My Government believes that the Social Inclusion Initiative has achieved good results in dealing with homelessness, drug summit recommendations and school retention rates.  Through the Social Inclusion Board, the Government will work with community organisations to reduce the number of young offenders and, in particular, repeat offenders.  It is hoped that the more young people who can be diverted from this destructive cycle, the greater the return to the community through increased safety and a reduction in the economic and social costs associated with crime.

         The Government will continue to support reform and development of the emergency services sector.  The South Australian Fire and Emergency Services Bill – previously before the House - will be presented to provide for the formation of the Fire and Emergency Services Commission.  My Government will also purchase specialist equipment to enhance counter-terrorism, State disaster and emergency response capabilities.

         Achieving targets in relation to reducing road trauma in South Australia will continue to be an important issue for my Government.  It will introduce stronger penalties for drink-driving offences, testing for drugs and an improved graduated driver licensing scheme.  Over the next two financial years, an extra 200 police officers - that is, above normal attrition levels - will become members of the police force.

         My Government recognises that in order to improve our wellbeing, we need to lead a safer and healthier lifestyle - including in the workplace.  Two initiatives designed to achieve better workplace safety, will be the setting of new targets to increase the number of inspectorate worksite visits and an increase in investigations.  It is also proposed that Workplace Services will commence a targeted auditing program of high-risk plant that affects public safety, such as lifts, pressure vessels and amusement structures.  In addition, a community awareness strategy targeting asbestos compliance will be implemented across all industries.

         My Government will also be increasing the profile and understanding of the Be Active program.  This will involve measures to encourage more South Australians to be more active, more often.  As part of the recently launched Eat Well program, the Government will be working with preschools and schools to implement healthy eating guidelines designed to combat obesity.

         The Government will continue its commitment to address the issue of problem gambling.  It will re-introduce legislation to cut the number of gaming machines by 3,000, as recommended by the Independent Gambling Authority.  This matter is the subject of a conscience vote for Members of Parliament.




         My Government wants South Australia to be known worldwide for being “clean and green”, and for having a sustainable environment. 

         Preventing the further decline of the ailing River Murray remains one of its highest priorities.  Earlier this year, the Council of Australian Governments agreed to spend $500 million to acquire 500 gigalitres of additional flow for the MurrayThe Government believes that additional flows, on their own, will not be enough to save the river. What is really important is how these flows are used.  To this end, the Government will be doing much work over the coming year to determine how best to manage the additional water available for priority sites located wholly or partly in South Australia.  These sites are Chowilla, the Lower Lakes including the Mouth and the River Channel itself.




         The Government is doing much to protect wilderness and sensitive habitats.  It recently established the 500 000 hectare Yellabinna Wilderness Protection Area - a move that will help preserve mallee country north of Ceduna and the many threatened and vulnerable species that live there. 

         Following an historic agreement between the Government, miners and pastoralists, a ceremony will be held this year to mark the protection of the world-renowned Coongie Lakes wetlands from mining through the creation of a new national park.

         My Government will introduce legislation to create Australia’s first dolphin sanctuary and increase protection of Adelaide’s Parklands.  It will also introduce the State’s first site-contamination legislation.  Other initiatives include the establishment of 19 multi-use Marine Protected Areas by 2010 - starting with a pilot Encounter Marine Protected Area to be proclaimed next year.

         The Government will also introduce legislation to establish a South Australian Heritage Council to provide a strategic view of all built heritage and to strengthen protection of heritage places.

         The One Million Trees program - which recently reached the half-way point with the planting of the 500,000th tree - will be expanded to achieve the planting of three million trees by 2014. 

         The Environment Protection Amendment Bill 2004 will be introduced this session.  It is intended that, among other things, it will strengthen the power of the Environment Protection Authority and other administering agencies to look after the environment more efficiently. 

         SA Water will spend approximately $28 million this financial year on existing commitments to works aimed at improving the quality of treated wastewater discharged into the environment.  I am told that SA Water leads the nation in the overall percentage of treated wastewater that is reused, and that new wastewater treatment plants at Bolivar, Whyalla and Victor Harbor will further boost the Government’s environmental credentials.

         As part of the Government’s 250-school solar power program, it is intended that 80 additional schools will become solar powered this financial year and the State’s very buoyant wind farm industry is expected to further expand in the near future.




         My Government wants to reinforce South Australia’s status as a place that thrives on creativity and innovation. 

         It believes that the Adelaide Thinkers in Residence program is helping to create a dynamic, progressive and innovative environment.  Baroness Professor Susan Greenfield will be returning for the final stage of her residency in July 2005, and she will concentrate on implementing the initiatives identified during her visit this year.  These will include closer relationships between scientists and educators, establishing a Science Media Centre, and measures to recruit and retain more women in science. 

         This November, the State Opera will stage the first Australian production of Wagner’s Ring Cycle.  This will be an event of international significance and it will feature the largest, most ambitious scenery, design and special effects in Australian theatre history. 

         To address the needs of the many thriving youth arts companies in this State, the Government has introduced a Youth Arts Funding Package.  Eight companies - in both metropolitan and regional areas - will immediately receive extra funds and funding for this group will double in 2005-06. 

         My Government continues to promote and support the vital economic, community and individual development role of arts centres in the Anangu Pitjantatjara Yankunytjatjara - or APY - Lands, as part of a wider strategy for indigenous arts development.  It is expected that the redevelopment of these arts centres will require broad support from many partners.  The Government believes that, quite apart from their cultural value, these centres have the potential to address employment, health, education and substance abuse issues, as well as create opportunities for men and young people at risk.




         My Government wants to develop South Australia as a place in which people care for each other and contribute to their communities. 




         The Government is committed to the continued development of collaborative working relations with local government - enabling the two spheres to work together to achieve the best results for the State.  In March 2004, the Premier and the President of the SA Local Government Association signed the State-Local Government Relations Agreement.  Within the context of that agreement, the Minister’s Local Government Forum aims to finalise work it has carried out on two infrastructure issues: the Stormwater Management and Flood Mitigation Plan and the Septic Tank Effluent Disposal Schemes.

         The Government wants to enrich the community through volunteer groups and activities.  One of the coming year’s priorities in this area will be to simplify the application process for community groups seeking Government grants.






         My Government wants to ensure all South Australians are able to create and use opportunities that build on their talents. 

         The Government is determined to improve the wellbeing of South Australia’s Aboriginal population, for example.  Following the abolition of the Aboriginal and Torres Strait Islander Commission, the Government will continue negotiations to ensure there is no reduction in Commonwealth resources devoted to improving the wellbeing of indigenous South Australians.

         My Government will consider new measures for Aboriginal consultation, engagement and representation - based on its understanding that decision-making and priority-setting must fully involve Aboriginal people.  It recently handed back 21,000 square kilometres of land in the Unnamed Conservation Park to the Maralinga Tjarutja and Pila Nguru people, and day-to-day management of that land by Aboriginal people is beginning.

         In regard to conditions on the previously mentioned APY lands, the Government’s work in this region will greatly benefit from the advice of two recently appointed advisers, Professor Lowitja O’Donaghue and Reverend Tim Costello.  They will build on the work that already has been done to improve infrastructure and services, and to place police officers and youth workers on the lands.

         The Department for Correctional Services proposes, over the coming year, to introduce the in-prison rehabilitation program for sex and violent offenders. 

         Rigorous new measures to protect children and recognise the professionalism of South Australian teachers will be the cornerstones of the Teachers’ Registration and Standards Bill 2004.  This Bill will be part of the wider Keeping Them Safe program of child protection reform measures.  These reforms complement other measures in the State’s public schools, including doubling the number of primary schools with a counsellor and modernising the child protection curriculum. 

         My Government has made various moves to improve support for children in their early years.  These include a reduction in class sizes and a $35 million literacy plan that will provide the equivalent of an additional 125 staff to assist children in the early years of education.  Work on the Premier’s Reading Challenge will continue this coming year, building on a highly successful program that has seen nearly 70 per cent of South Australian schools registering with the program – well exceeding the target set under the State Strategic Plan. 

         The Government is keen to increase participation in vocational education.  TAFESA will be restructured by January 2005 to help it become a key driver of the Government’s social and economic agenda, and to enable it to be more closely aligned to industry requirements and future work opportunities. 

         The Government is committed to strengthening the participation of young people in our community.  That is expressed through Social Inclusion initiatives on school retention, youth unemployment and regional youth development initiatives through the Duke of Edinburgh award scheme and the active8 Premier’s Youth Challenge.



         I now declare this session open and trust that your deliberations will be guided by Divine Providence to the advancement of the welfare of the people of this State.

                                                                              Bruno krumins, Governor’s Deputy.

        Parliament House,


        14 September 2004.

                 His Excellency retired from the Chamber.

                 The Members of the House of Assembly withdrew.





The President read prayers.




At ten minutes to one o’clock the sitting was suspended until the ringing of the bells.

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


Suspension and
Resumption of



Answers to Questions on Notice Nos. 241, 248, 249, 252, 257, 259, 263, 264, 268, 269, 273, 274, 276, 277, 278, 281 and 300 of last Session, received this day, were tabled by the President who directed that they be distributed and printed in Hansard.


Answers to
Questions on


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

        By the President -

                 Register of Members’ Interests - June 2004 - Registrar’s Statement.

                          Ordered - That the Statement be printed.  (Paper No. 134)

                 Members’ Travel Expenditure, 2003-2004, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

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

                 Senate Community Affairs Reference Committee Inquiry Board - Forgotten Australians:  A report on Australians who experienced institutional or out-of-home care as children.




The Minister for Industry and Trade, by leave, moved - That Standing Order No. 14 be suspended.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.


of Standing
Order No. 14.



The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning Financial Management Within Government.




The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Treasurer concerning the “Save the River Murray Fund”.




The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning the Commission of Inquiry into Sexual Offences Against Children in State Care.




The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for State/Local Government Relations (The Hon. R. J. McEwen, M.P.) concerning Public Concerns about Council Rate Increases.




The Hon. J. M. Gazzola, by leave, moved - That the Members of this Council appointed to the Joint Committee on a Code of Conduct for Members of Parliament have power to act on the Joint Committee during the present Session.

                 Question put and passed.


Joint Committee
on a Code of
Conduct for
Members of



The Hon. R. K. Sneath, by leave, moved - That the Select Committee on Staffing, Resourcing and Efficiency of the South Australia Police have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


Select Committee
on Staffing,
Resourcing and
Efficiency of the
South Australia


The Minister for Aboriginal Affairs and Reconciliation, by leave, moved - That the Select Committee on Mount Gambier District Health Service have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


Select Committee
on Mount
Gambier District
Health Service.


The Hon. J. M. Gazzola, by leave, moved - That the Select Committee on the Status of Fathers in South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


Select Committee
on the Status of
Fathers in
South Australia.



The Minister for Industry and Trade, by leave, moved - That the Select Committee on the Electricity Industry in South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


Select Committee
on the Electricity
Industry in
South Australia.


The Hon. N. Xenophon, by leave, moved - That the Select Committee on the Role and Adequacy of Government Funded National Broadcasting have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


Select Committee
on the Role and
Adequacy of
Funded National



The Hon. I. Gilfillan, by leave, moved - That the Select Committee on the Offices of the Director of Public Prosecutions and the Coroner have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 8 December 2004.

                 Question put and passed.


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



The Minister for Industry and Trade moved - That a Standing Orders Committee be appointed consisting of the President, the Hon. R. D. Lawson, the Hon. R. I. Lucas, the Hon. C. Zollo and the mover.

                 Question put and passed.


Standing Orders


Ordered - That for this Session a Library Committee not be appointed.





The Minister for Industry and Trade moved - That a Printing Committee be appointed consisting of the Hon. G. E. Gago, the Hon. J. M. Gazzola, the Hon. J.M.A. Lensink, the Hon. R. K. Sneath and the Hon. T. J. Stephens.

                 Question put and passed.




The President having laid on the Table a copy of the Opening Speech by the Governor’s Deputy:

                 The Minister for Industry and Trade moved - That a Committee consisting of the Hon. G. E. Gago, the Hon. J. M. Gazzola, the Hon. D. W. Ridgway and the Hon. T. J. Stephens and the mover, be appointed to prepare a Draft Address in Reply to the Speech delivered this day by His Excellency the Governor’s Deputy and to report on the next day of sitting.

                 Debate ensued.

                 Question put and passed.


Draft Address
in Reply.


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

Message No. 1

                 MR. PRESIDENT - The House of Assembly has appointed a Publishing Committee consisting of Ms. Ciccarello, Messrs. Goldsworthy and Koutsantonis, Ms. Thompson and Mr. Venning, with power to act during the recess and to confer or sit as a Joint Committee with any Publishing Committee of the Legislative Council.

House of Assembly, 14 September 2004.                                           I. P. Lewis, Speaker.


Message from
House of Assembly:



Message No. 2

                 MR. PRESIDENT - The House of Assembly has appointed a Standing Orders Committee consisting of the Hon. the Speaker, the Hon. D. C. Brown, Mrs. Geraghty, the Hon. G. M. Gunn and Mr. Hanna, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the Legislative Council.

House of Assembly, 14 September 2003.                                          I. P. Lewis, Speaker.


Standing Orders



Message No. 3

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has appointed Mr. Rau to the Natural Resources Committee in place of the Hon. K. Maywald.

House of Assembly, 14 September 2003.                                          I. P. Lewis, Speaker.


Natural Resources


Council adjourned at twenty-five minutes to six o’clock until tomorrow at fifteen minutes past two o’clock.














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. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon