SOUTH AUSTRALIA]

No. 23

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  20  SEPTEMBER  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 Hon. J. M. Gazzola brought up the Tenth Report, 2006 of the Legislative Review Committee.

Legislative
Review
Committee -
Tenth Report,
2006.

 

   3.

The Minister for Emergency Services (The Hon. C. Zollo), by leave, tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. J. D. Lomax-Smith, M.P.) concerning the Government’s Education Works Program.

 

Ministerial
Statement Tabled.

   4.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Mr. Geoffrey Hackett-Jones.

 

Ministerial
Statement Tabled.

   5.

The Minister for Police, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General concerning the Child Sex Offenders Registration Bill.

 

Ministerial
Statement Tabled.

   6.

The Minister for Environment and Conservation (The Hon. G. E. Gago), by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray concerning the launching of two new River Murray projects.

 

Ministerial
Statement Tabled.

   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. I. K. Hunter, pursuant to notice, moved - That the Legislative Council of South Australia -

I.       recognises that -

(a)    a report from the United Nations Population Fund (UNFPA) State of the World Population 2006 - a Passage to Hope: Women and International Migration - was released on 6 September 2006;

(b)    women constitute almost half of all international migrants worldwide - 95 million or 49.6 per cent;

(c)    in 2005, roughly half the world’s 12.7 million refugees were women;

(d)    for many women, migration opens doors to a new world of greater equality and relief from oppression and discrimination that limit freedom and stunt potential;

(e)    in 2005 remittances by migrants to their country of origin were an estimated US$232 billion, larger than official development assistance (ODA) and the second largest source of funding for developing countries after foreign direct investment (FDI);

(f)     migrant women send a higher proportion of their earnings than men to families back home;

(g)    migrant women often contribute to their home communities on their return, for instance through improved child health and lower morality rates, however;

(h)    the massive outflow of nurses, midwives and doctors from poorer to wealthier countries is creating health care crises in many of the poorer countries, exacerbated by massive health care needs such as very high rates of infectious disease;

(i)     the intention to emigrate is especially high among health workers living in regions hardest hit by HIV/AIDS;

(j)     the rising demand for health care workers in richer countries because of their ageing populations will continue to pull such workers away from poorer countries;

(k)    millions of female migrants face hazards ranging from the enslavement of trafficking to exploitation as domestic workers;

(l)     the International Labour Organisation (ILO) estimates that 2.45 million trafficking victims are toiling in exploitative conditions worldwide;

(m)   policies often discriminate against women and bar them from migrating legally, forcing them to work in sectors which render them more vulnerable to exploitation and abuse;

(n)    domestic workers, because of the private nature of their work, may be put in gross jeopardy through being assaulted; raped; overworked; denied pay, rest days, privacy and access to medical services; verbally or psychologically abused; or having their passports withheld;

(o)    when armed conflict erupts, armed militias often target women and girls for rape, leaving many to content with unwanted pregnancies, HIV infection and reproductive illnesses and injury;

(p)    at any given time, 25 per cent of refugee women of child-bearing age are pregnant;

(q)    for refugees fleeing conflict, certain groups of women such as those who head households, ex-combatants, the elderly, disabled, widows, young mothers and unaccompanied adolescent girls, are more vulnerable and require special protection and support;

(r)     people should not be compelled to migrate because of inequality, insecurity, exclusion and limited opportunities in their home countries;

(s)    human rights of all migrants, including women, must be respected.

II.      encourages -

(a)    governments and multilateral institutions to establish, implement and enforce policies and measures that will protect migrant women from exploitation and abuse;

(b)    all efforts that help reduce poverty, bring about gender equality and enhance development, thereby reducing the “push” factors that compel many migrants, particularly women, to leave their own countries, and at the same time helping achieve a more orderly migration program.

                 Debate ensued.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until Wednesday, 27 September 2006.

 

UN Report
concerning Women
and International
Migration -
Motion re.

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Summary Offences
(Ticket Scalping)
Amendment Bill.

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 27 September 2006.

 

Gaming Machines
(Club One)
Amendment Bill.

11.

Order of the Day read for the Report of the Select Committee on the Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 6 December 2006.

 

Select Committee on
the Collection of
Property Taxes by
State and Local
Government,
including
Sewerage Charges
by SA Water.

 

  12.

Order of the Day read for the Report of the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 6 December 2006.

 

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

 

  13.

Order of the Day read for the Report of the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report, 2003-2004 to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 6 December 2006.

 

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

 

  14.

Order of the Day read for the Report of the Select Committee on the Atkinson/Asbourne/Clarke Affair to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 6 December 2006.

 

Select Committee
on the Atkinson/
Ashbourne/Clarke
Affair.

 

  15.

Order of the Day read for the Report of the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School to be brought up.

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 6 December 2006.

 

Select Committee on
the Selection Process
for the Principal at
the Elizabeth Vale
Primary School.

 

  16.

Ordered - That Orders of the Day (Private Business) No. 6 to No. 11 be Orders of the Day for Wednesday, 27 September 2006.

 

Postponement
of Business.

  17.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business Discharged.

  18.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business Discharged.

  19.

Ordered - That Orders of the Day (Private Business) No. 14 and No. 15 be Orders of the Day for Wednesday, 27 September 2006.

 

Postponement
of Business.

20.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 27 September 2006.

 

Electricity
(Compensation
for Blackouts)
Amendment Bill.

21.

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

                 Debate resumed.

                 The Hon. I. K. Hunter moved to leave out all words after “That” and insert:

“the Bill be withdrawn and referred to the Social Development Committee, to inquire into and report upon the issue of gestational surrogacy and, in particular, to consider -

·        The ways in which South Australian statues might be amended to better deal with matters pertaining to surrogacy and related matters;

·        What complexities might arise from the consideration of such changes;

·        The efficacy of surrogacy legislation in other Australian jurisdictions, and the status of children born through surrogacy interstate and now living in South Australia;

·        The interplay between existing State and Federal legislation as it affects all individuals involved in, and affected by, gestational surrogacy; and

·        Any related matters.”

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 27 September 2006.

 

Statutes Amendment
(Surrogacy) Bill.

22.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 27 September 2006.

 

Controlled
Substances
(Sale of Equipment)
Amendment Bill.

23.

The Hon. M. C. Parnell, according to order, moved - That the Regulations under the Development Act 1993 concerning Clarification of Public Notice Categories, made on 16 February 2006 and laid on the Table of this Council on 2 May 2006, be disallowed.

                 And the Hon. M. C. Parnell having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Development Act -
Regulations -
Clarification of
Public Notice
Categories -
Motion for disallowance of.

24.

At six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

25.

Ordered - That the adjourned debate on the motion of the Hon. M. C. Parnell - That the Regulations under the Development Act 1993 concerning Clarification of Public Notice Categories, made on 16 February 2006 and laid on the Table of this Council on 2 May 2006, be disallowed - be now resumed.

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday, 27 September 2006.

 

Development Act -
Regulations -
Clarification of
Public Notice
Categories -
Motion for
disallowance of.

26.

The Hon. M. C. Parnell, according to order, moved - That the Miscellaneous Regulations under the Development Act 1993, made on 12 January 2006 and laid on the Table of this Council on 2 May 2006, be disallowed.

                 On motion of The Hon. I. K. Hunter, the debate was adjourned until Wednesday, 27 September 2006.

 

Development Act -
Miscellaneous
Regulations -
Motion for
disallowance of.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Expiation of Simple Cannabis Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until Wednesday, 27 September 2006.

 

Controlled
Substances
(Expiation of Simple
Cannabis Offences)
Amendment Bill.

  28.

Ordered - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday, 27 September 2006.

 

Postponement
of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Clean Air Zones) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Tobacco Products
Regulation (Clean
Air Zones)
Amendment Bill.

  30.

Ordered - That Orders of the Day (Private Business) No. 26 and No. 27 be Orders of the Day for Wednesday, 27 September 2006.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Development (Development Plans) 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 an Order of the Day for next day of sitting.

 

Development
(Development Plans)
Amendment Bill.

32.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Child Sex Offenders Registration Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. I. K. Hunter, the debate was adjourned until next day of sitting.

 

Child Sex Offenders
Registration Bill.

34.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Geographical Names
(Miscellaneous)
Amendment Bill.

36.

The Minister for Environment and Conservation, according to order, moved - That the Residential Parks Bill be now read a second time.

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting

 

Residential Parks
Bill.

 

  37.

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

Message No. 42

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

House of Assembly, 20 September 2006.                                                        J. J. SNELLING, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. J.M.A. Lensink, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Magistrates
(Part-time
Magistrates)
Amendment Bill.

 

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Evidence Act 1929, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 September 2006.                                                        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.

 

Evidence
(Suppression Orders)
Amendment Bill.

38.

The Minister for Emergency Services, by leave, tabled a copy of a Ministerial Statement made by the Minister for Agriculture, Food and Fisheries (The Hon. R. J. McEwen, M.P.) concerning the 2006 Grasshopper Program.

 

Ministerial
Statement Tabled.

39.

Council adjourned at seven minutes past nine o’clock until tomorrow at fifteen minutes past two o’clock.

 

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