No. 1






















Council met pursuant to Proclamation published in the Government Gazette of 31 July 2003.

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


Proclamation By The Governor


South Australia


Constitution (Third Session of the Fiftieth Parliament)

Proclamation 2003-09-10

under section 6(1) of the Constitution Act 1934


1.    Short Title

This proclamation may be cited as the Constitution (Third Session of the Fiftieth Parliament) Proclamation 2003.

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.    Third session of the Fiftieth Parliament

(1)    I fix 12 noon on 15 September 2003 as the time for holding the third 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’s Deputy

with the advice and consent of the Executive Council

on 31 July 2003.


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 todayThis is only the second time a South Australian Parliament has been welcomed in this way.  It is a tradition my Government hopes will continue.

         It is with sadness that I note the passing of two former Members of the Legislative Council and one of the House of Assembly.

         The Honourable Charles Murray Hill, a distinguished former Minister, was a Member of the Legislative Council between 1965 and 1988 and in 1990 was awarded an A.M. for services to the Parliament and to the community.

         The Honourable Trevor Crothers, a former union official, served fifteen years between 1987 and 2002 and passed away in July 2002.

         Mr Leslie David Boundy, a Member of the House of Assembly from 1974 to 1977, served for three and a half years and died in July this year.

         During the past twelve months, my Government has continued its work to rebuild the State’s economy, while at the same time, seeking to ensure every South Australian will share in the benefits.  It is working to ensure those benefits reach people no matter where they live and work, in the city or in rural and regional South Australia.

         My Government wants to see a State in which children are given every available opportunity to learn and make the most of their potential.  It wants to see a community in which people feel safe in their homes and on the streets.  It wants to see sustained economic growth, more exports and growing job opportunities for South Australians.  And it wants a State with a greener and cleaner environment, with a revitalised River Murray.

         My Government has good financial management among its highest priorities.  It is my Government’s aim to reduce state debt through disciplined budget management, rather than asset sales, and to return the budget to a long-term sustainable position so it can provide the schools, hospitals and social services the community deserves and expects.






         The Government’s Social Inclusion Initiative is tackling some of our most pressing social issuesIts centrepiece, the Social Inclusion Board, is chaired by Monsignor David Cappo, Vicar-General of the Catholic Church in Adelaide.

         The Board recently released its second report: Everyone’s Responsibility: Reducing Homelessness in South AustraliaIt outlines my Government’s initial response and a 14-point plan of immediate actions to help achieve a target of halving the number of people sleeping rough in this State.  It will also soon release its plan to increase school retention rates in our public schools.

         My Government cares about the future of our children and is committed to the urgent improvement of protection for children and young people.  Major reforms are underway in our child protection and alternative care systems and the Government will be moving to progressively implement recommendations from the Layton Child Protection Review.

         The Government will establish an Aboriginal Lands Parliamentary Standing Committee.   It will inquire into issues affecting Aboriginal people such as health, housing, education, economic development, employment and training.

         The Government is honouring its commitment to hand back the 21,000 square kilometre
L-Shaped Conservation Park to traditional owners in the State’s north-westLegislation will be introduced to that effect this session.






         My Government will continue working on the major task of reforming and improving South Australia’s public health systemA clear way forward was outlined in the Final Report of the Generational Health Review, together with the Government’s initial response entitled “First Steps Forward”.  The Generational Health Review, conducted under the leadership of
Mr. John Menadue, A.O., found that there is a need to change the way health services are planned, delivered, organised and managed.  The Government will introduce this session amendments to the South Australian Health Commission Act 1976 to accommodate these reform measures.

         My Government will pursue the Health and Community Services Complaints Bill.  The Bill aims to provide a better system of complaints resolution against public or private heath or community service providers.

         The Government will introduce a revised Medical Practice Bill to address the need for public protection and the rights of privacy for health providers.  The Bill will also promote more transparent investigations by the Medical Board to increase protection for consumers and providers.




         Education and training are central to the future development of the South Australian economy and communityFor this reason, education is one of the highest priorities of my Government.

         This year, there are smaller junior primary classes for more than 9,000 children, a new school leaving age of 16, new efforts to reduce truancy, and primary counsellors for an extra 32 schools.  The Government has also made permanent more than 1,000 school and pre-school teachers.




         My Government is committed to honour its pledge on law and order to help South Australians feel safer in their homes and safer in the streets.

         My Government intends to deliver the most significant advances to South Australia’s criminal law in three decades.  It will reintroduce the Summary Offences (Offensive Weapons) Amendment Bill 2003 which will impose higher penalties on offenders carrying offensive weapons, including knives, on licensed premises.

         The Government will crackdown on outlaw motorcycle gangs, especially those involved in the manufacturing of drugs and other serious offences.  It will also reintroduce the Statutes Amendment (Anti-Fortification) Bill 2003 to prevent motorcycle gangs from turning their clubrooms into suburban fortresses.

         My Government will also introduce tougher penalties for crimes aggravated by using guns and knives, teaming up in gangs, torturing people or breaching restraining orders.  The changes will also deliver harsher punishment to criminals who pick on the elderly and the vulnerable.  This includes children and people with a physical or intellectual disability.

         My Government will also give the courts the power to impose longer sentences against those who attack public officials, such as nurses, teachers and police officers.

         It plans to expand the powers of the Parole Board so it will be able to refuse parole for sex offenders, including paedophiles, and set conditions for those parolees when they are eventually released.  Under existing law, prisoners, including sex offenders, get automatic parole if they are sentenced to less than five years prison.  The changes will also aim to give the Parole Board the power to make sure that other types of offenders are not automatically released at the end of their non-parole period.  The Government will also reform the parole laws to ensure that the protection of the community is of paramount consideration when a prisoner’s release on parole is decided.

         The Government will also introduce a new class of offences to facilitate the conviction of parents or caregivers who are criminally responsible for the death or serious injury of children.  The Government will also target those irresponsible drivers who misuse motor vehicles and endanger the community.  There will be tougher penalties for serious drug offences, including against those who use children to sell drugs.  The Government aims to make it harder for criminals to profit from crime by tightening our laws stripping them of the proceeds of crime and stripping their assets.  Identity theft connected with fraudulent behaviours and computer crime will be outlawed.




         The Government will introduce amendments to firearms legislation to create stricter controls and to reduce the number of handguns in South Australia.  This legislation will initiate a handgun buy-back, forming part of a national plan to reduce the number of firearms in the community.  The statutory limitation on time to bring prosecution for firearms offences will be extended and, in some cases, removed altogether.

         My Government will also introduce, for the first time, a comprehensive range of prison based rehabilitation programs, at a cost of $1.5 million a year.

         My Government will introduce new emergency legislation in this session to update the State Disaster Act.  It believes now, more than ever, there should be a greater emphasis on planning to prevent or mitigate the effects of emergencies, whether natural disasters or man-made.  The legislation will also take account of the need to protect the State’s critical infrastructure.




         My Government has a commitment to long term, sustainable economic growth in South Australia.

         In April, 280 delegates from across the community met here in Parliament House for the Economic Growth Summit.  Their deliberations on the State of the State Report helped formed the Economic Development Board’s report: A Framework for Economic Development in South Australia.  The Government has accepted 70 of the 71 recommendations in that Report, and has begun the process of implementing the recommendations, including the development of a
whole-of-government State Strategic Plan.  This Plan will bring all the worthwhile but separate plans of government into a single framework.  Some of the Economic Development Board’s other recommendations are already in place.

         There will be a new Venture Capital Board and Fund to encourage investment and business development.

         The Government has accepted the recommendation that the State should aim to near triple our exports to reach $25 billion by 2013.

         The Government has accepted the Economic Development Board’s recommendation to streamline government.  It will be eliminating some boards, statutory authorities and advisory bodies, which will require legislative change.

         The Government will introduce legislation to amend the approvals process for public projects by lifting the level of expenditure requiring Cabinet approval and mandatory reference to the Public Works Committee from $4 million to $10 million.  Implementation plans for the other recommendations are now being developed.

         The Economic Development Board, chaired by Robert Champion de Crespigny, will have an ongoing advisory role.  The Board will assist the Government to secure major projects, and work in partnership with the private sector on the economic development of the State.




         The Government will continue to pursue amendments to the Public Finance and Audit Act that require not only this Government, but all future governments, to produce a Charter of Budget Honesty.  This charter will contain the Government’s financial targets and commits it to reporting on progress against these targets.  The legislation will require the Under Treasurer to produce a pre-election report upon the announcement of all future State elections.

         The Government will also introduce a Bill to widen the powers of the Auditor-General so that he or she has all the powers needed to ensure transparency and accountability throughout Government and other matters of public interest.




         The Economic Development Board recommended a new Office of Infrastructure, and a new Minister for InfrastructureThey are in place and will co-ordinate infrastructure development across the Government.

         The Government proposes to undertake projects with the private sector to bring the Port of Adelaide into the twenty-first century and to place South Australia on a competitive trade footing with the rest of the world.  Investments include the construction of a new deep-sea grain port, and improvements to road and rail services to the port.




         The construction of the final link in the Adelaide Darwin Railway is nearing completion.

         The Government will work in partnership with industry and the Economic Development Board to develop an export strategy to build on the strong exporting performance of the past five years.




         The Government will introduce legislation to regulate the cultivation of genetically modified crops.  This legislation will be based on the recommendations of the Select Committee on Genetically Modified Organisms tabled in the previous session.  Its aim is for Kangaroo Island and Eyre Peninsula to take advantage of their unique situation of being discrete, separate cropping regions with the opportunity to elect for GM-free status.

         My Government also intends to introduce new fisheries legislation to replace the Fisheries Act 1982 which is more than 20 years old.  The existing Act has now fallen behind other legislation in Australia and overseas.  The legislation needs to be renewed to reflect contemporary management practices for fisheries.




         The State Government is committed to procurement reform to ensure best practice in government tendering and contractsIt will review the State Supply Act to ensure procurement across the public sector is coordinated and complies with best practice.




         My Government has made an historic breakthrough on rescuing the River MurrayThe recent Council of Australian Governments’ meeting in Canberra determined to return water to the Murray Darling Basin system over the next five years.  This $500 million agreement is crucial to restoring the health of the River.

         South Australia’s environment, economy and communities all depend on the way the State manages its natural resources.  The Government intends to introduce a Natural Resources Management Bill, landmark legislation to reform how we manage our natural resources.

         My Government will also establish a Sustainability Round Table in the next few months to ensure South Australia has an environmentally sustainable future.  The Sustainability Round Table will develop an agreed vision of the long-term environmental sustainability of South Australia and how to achieve it.

         The Government intends to introduce the Adelaide Dolphin Sanctuary Bill 2003.  It aims to provide a legal framework for the establishment and management of the Adelaide Dolphin Sanctuary in the Port River and Barker Inlet.

         Legislation will be introduced into Parliament to establish Zero Waste SA as an independent statutory body, with its own source of revenue from increases to the waste levy.
It will coordinate efforts across the State to minimise waste as well as encourage recycling.

         The Government will also introduce legislation to protect from mining the most environmentally important part of the Coongie Lakes wetlands in Innamincka Regional Reserve, in the State’s far-north east.  It will also create a new 27,900 hectare National Park over the core of the Coongie Lakes wetlands which will exclude all mining operations and grazing.




         My Government announced the Hills Face Zone Review in October last year in response to concerns about its futureThe Government is now working with local governments and the community to help ensure that the Hills Face Zone is adequately protected and correctly managed for future generations to enjoy.

         In March 2003, my Government implemented the zoning for an Urban Growth Boundary around Adelaide’s existing suburbs and nearby townships.

         Work is now progressing on an Urban Growth Management Plan, which will be incorporated into the State’s Planning Strategy to further complement the introduction of limits to Adelaide’s urban growth.






         The coming months will see significant progress in many areas of transportSouth Australia’s first Transport Plan in 35 years will be finalised following strong community and industry involvement during its development.  The Plan provides clear principles and objectives to guide policy and investment during the next 15 years.  It will integrate transport and land use planning.

         Significant steps will be taken toward a number of infrastructure projects.  These include approvals to call tenders for the Port River Expressway road and rail bridges.




         My Government believes that leadership in the arts is vital for South Australia’s creative industriesThe 2003 Arts Summit provided an opportunity for the arts sector to come together over a day and agree on priorities and set a direction for the arts over the next 10 years.

         The 2004 Adelaide Festival of Arts is shaping up once again to position South Australia as the premier Arts Festival State.

         The Adelaide International Film Festival will build on the success of its impressive first event.  It will commission and invest in a select number of outstanding film productions which will premiere at the 2005 Film Festival.




         My Government is committed to reducing work-related death, injury, illness and disease.  Reforms are underway to improve the safety of all South Australians at work, including an immediate 50% increase in the number of workplace safety inspectors.

         The Government has introduced the SafeWork SA Bill to allow for much needed improvements to the administration of workplace safety in this State.

         In the wake of the Longford disaster in Victoria, my Government has re-examined the way “major hazard” facilities in this state are managed.  Funding has been committed to make these important facilities safer, and consultation has occurred on a new regulatory regime.

         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,


        15 September 2003.

                 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




The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr David Boundy, former Member of the House of Assembly and places on record its appreciation of his distinguished 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. K. Sneath, the Hon. C. V. Schaefer and the Hon. J.S.L. Dawkins:

                 Motion carried in silence, Members standing in their places.


Death of
Mr. David Boundy.


At one minute to three o’clock the sitting was suspended until the ringing of the bells.

                 At ten minutes past three o’clock the sitting was resumed.


Suspension and
Resumption of


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

        By the President -

                 Register of new Members’ Interests - June 2003 - Registrar’s Statement.

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

                 Register of Members’ Interests - June 2003 - Registrar’s Statement.

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

                 Members’ Travel Expenditure, 2002-2003, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Police Superannuation Scheme Actuarial Report, 2002.

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

                 City of Mount Gambier By-law No. A4(6) - Exemption for Election Moveable Signs.

                 District Council of Coober Pedy By-laws -

                          No. 3 - Local Government Land.

                          No. 4 - Roads.




The Hon. R. K. Sneath brought up the Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Adelaide Cemeteries Authority.

                 Ordered - That the Report be printed.  (Paper No. 180)


Statutory Authorities
Review Committee -
Report on
Management of
West Terrace
Cemetery by
Adelaide Cemeteries



The Minister for Agriculture, Food and Fisheries, 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 President made the following Statement:

                 Honourable Members would remember that just over 12 to 18 months ago, when I had the great honour of being elected as President of this Legislative Council, I committed to maintaining the practice, procedures and protocols and to trying to maintain the dignity of this Council at all times.  These principles I have tried to apply in every station which I hold and which I hold on behalf of the Legislative Council, including the deliberations of the Constitutional Convention.  In line with the integrity of this high office, I intend to report to the Council, as I know this is a matter of some public interest at the moment, that in the proceedings that have been widely reported involving Mr. Randall Ashbourne, Mr. Ralph Clarke and the Hon. Mr. Atkinson, I was interviewed as part of those deliberations.  It is a matter of which I have made no secret and I have discussed it with many Members.  In line with the integrity of the practice of this Council, I want it on record so that whatever decisions I may make with respect to procedures in this Council at some later date, they will not be prejudiced by the fact that I could be a witness, or have been a potential witness, in those matters.

Statement -


                 In respect to those matters there are some matters sub judice, on which I have taken some advice, and I will report this to the Council at this stage.  Parliament and its Committees have traditionally upheld the principle of sub judice as follows:

Notwithstanding its fundamental right and duty to consider any matter if it is thought to be in the public interest, the house imposes a restriction on itself in the case of matters awaiting or under adjudication in a court of law … The convention is that, subject to the right of the house to legislate on any matter, matters awaiting adjudication in a court of law should not be brought forward in debate, motions or questions.

        The rule is a rule of practice adopted by the Parliament.  It is not a rule of law.  The essence of the decisions that have been followed in the House of Commons and also in Australian Parliaments is that there should not be a real and substantial danger of prejudice to proceedings.

                 The House of Representatives Practice states:

Matters awaiting or under adjudication in all courts exercising criminal jurisdiction shall not be referred to in motions, debate or questions from the moment a charge is made.

        I understand that a summons has been issued in regard to the matters that I referred to earlier.  Therefore, as Chair, I will not entertain any questions that may interfere with the course of justice.


Principle of
sub judice.



The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Inquiry relating to the Attorney-General and a Former Ministerial Staff Member.




The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the COAG Agreement on the River Murray.




The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning the Hindmarsh Federal Electorate Fundraiser Raffles.




The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Treasurer concerning the Settlement of the Claim by Professor Bruce Guerin.




The Hon. N. Xenophon, by leave, tabled a copy of a Statutory Declaration by Ann Marie Bressington at Elizabeth Grove dated 4 August 2003.


Document Tabled.


The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning events at Glenside Hospital.


Ministerial Statement Tabled.


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 Minister for Agriculture, Food and Fisheries, by leave, moved - That the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 3 December 2003.

                 Question put and passed.


Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by other
means of Tele-
communication in
South Australia..


The Minister for Aboriginal Affairs and Reconciliation, by leave, moved - That the Select Committee on Pitjantjatjara Land Rights have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 3 December 2003.

                 Question put and passed.


Select Committee
Land Rights.



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, 3 December 2003.

                 Question put and passed.


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


The Minister for Agriculture, Food and Fisheries 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 Agriculture, Food and Fisheries 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 Agriculture, Food and Fisheries moved - That a Committee consisting of the Hon. J.M.A. Lensink, the Hon. A. J. Redford, the Hon. R. K. Sneath, the Hon. C. Zollo and the Minister for Agriculture, Food and Fisheries, 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.


Council adjourned at three 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