SOUTH AUSTRALIA]
No. 10
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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WEDNESDAY 31 MAY 2006
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1. |
Council met pursuant to adjournment. The President (The Hon. R. K. Sneath) took the Chair. The President read prayers.
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Meeting
of |
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2. |
The following Paper was laid upon the Table, viz.: By the President - City of Victor Harbor - Report, 2004-2005.
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Paper. |
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3. |
The Hon. J. M. Gazzola brought up the Third Report, 2006 of the Legislative Review Committee. |
Legislative
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4. |
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 Health (The Hon. J. Hill, M.P.) concerning Australian Hospital Statistics, 2004-2005.
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Ministerial
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5. |
In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.
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Statements
on |
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6. |
The Hon. I. K. Hunter, pursuant to notice, moved - That the Report of the Social Development Committee on the Impact of International Education Activities in South Australia be noted. Question put and passed.
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Social
Development
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7. |
The Hon. S. G. Wade, pursuant to notice, moved - That the Social Development Committee inquire into and report on reform of the South Australian Certificate of Education - I. with particular reference to the seven principles for reform laid down in the SACE Review - responsive, credible, inclusive, worthwhile, futures oriented, connected, supportive; and II. any other related matter. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.
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South
Australian |
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8. |
The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984. Question put and passed. Bill introduced and read a first time. The Hon. D.G.E. Hood 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.
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Controlled
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9. |
The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Lottery and Gaming Act 1936 and the State Lotteries Act 1966. 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.
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Statutes |
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10. |
The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986. 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.
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Occupational
Health, |
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11. |
The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Civil Liability Act 1936. 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. R. P. Wortley, the debate was adjourned until Wednesday next.
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Civil
Liability |
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12. |
The Hon. S. M. Kanck, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997. 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. R. P. Wortley, the debate was adjourned until Wednesday next.
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Tobacco
Products |
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13. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - I. That a Select Committee of the Legislative Council be appointed to inquire into and report on - (a) The structure of the wholesale and retail market in South Australia for petrol, diesel and LPG fuels; (b) The impact of the 2003 closure of the Port Stanvac refinery and fuel storage facilities have had on the reliability and pricing of petrol and diesel for South Australian consumers; (c) (i) The agreement entered into between the Government of South Australia and any entity or entities over the closure of the Port Stanvac refinery and fuel storage facilities; (ii) The effect of the closure of Port Stanvac on the price and availability of petrol and diesel in South Australia; (iii) The effect of the agreement on aiding or impeding wholesale competition for petrol and diesel in South Australia; (d) The nature and extent of competition in the wholesale petrol, diesel and LPG market in South Australia and the impact of such on the supply and pricing of these products to South Australian consumers; (e) The practices and conduct of oil companies operating in South Australia (including Mobil, Caltex, Shell and BP), and the impact of such on the supply and pricing of petroleum fuels in South Australia; (f) Whether the South Australian industry, the farming sector, emergency and essential services operators have been affected by any issues relating to the supply of diesel and petrol since 2003, and, if so, whether such matters have been addressed satisfactorily, or need to be so addressed; (g) The potential impact on consumers of the price of petrol and diesel in South Australia of fuel storage facilities not controlled by major oil companies; (h) The potential role of Government to facilitate wholesale competition for petrol and diesel in South Australia and any infrastructure issues relating thereto; (i) The environmental state of the Port Stanvac refinery site and the steps needed to ensure that the site is returned to an acceptable environmental state; and (j) Any other matters; II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only; III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council; IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and V. That the evidence given to the previous Legislative Council Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia, be tabled and referred to the Select Committee.: Debate resumed. On motion of the Hon. I. K. Hunter, the debate was adjourned until Wednesday next.
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Pricing,
Refining,
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14. |
The Hon. N. Xenophon, having obtained leave to amend the motion for which notice had been given, moved - I. That, in the opinion of this Council, a Joint Parliamentary Committee be appointed to inquire into and report on - (a) the conduct of any Department of Education and Children’s Services employee or officer involved in the selection process for the positions of principal and acting principal, respectively, at the Elizabeth Vale Primary School since December 2003, including any process relating to the appeal of the former Principal, Ms. O’Connor; (b) the conduct and involvement of the Minister and Ministerial staff in this matter; (c) the conduct of any Australian Education Union representative involved in the appointment process of a principal and acting principal, respectively; (d) the conduct of any person identified above involved in the management or operation of the school since January 2006, with particular emphasis upon the - (i) management of family grievances; (ii) provision of learning programs; (iii) management and duty of care of students; (iv) management of the school’s budget; level of consultation with the school’s governing council; (v) level of consultation with the school’s governing council; (e) establishing appropriate selection guidelines and processes for future appointments of principals and acting principals in all public schools, including increasing the level of community representation in the process; and (f) any other relevant matter. II. That, in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee. III. That the Joint Committee be permitted to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Parliament; and IV. That a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto. Debate ensued. And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.
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Selection
Process |
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15. |
On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Victim Impact) 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 Wednesday next.
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Criminal
Law |
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16. |
Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday next.
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Postponement
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17. |
On the Order of the Day being read for the adjourned debate on the question - That the Upper South East Dryland Salinity and Flood Management (Natural Resources Committee) 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.
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Upper
South East |
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18. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - I. That a Select Committee be appointed to inquire into and report upon all matters relating to the issue of the collection of property taxes by State and Local Government, including sewerage charges by SA Water, and in particular - (a) concerns about the current level of property taxies and options for moderating their impact and the impact of any future increases; (b) concerns about inequities in the land tax collection system, including the impact on investment and the rental market; (c) concerns about inequities in the current property valuation system and options to improve the efficiency and accuracy of the valuation process; (d) consideration of alternative taxation options to taxes based on property valuations; (e) concerns about the current level of council rates and options for moderating their impact and the impact of any future increases; and (f) any other related matters. II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council. IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and V. That the evidence given to the previous Legislative Council Select Committee on the Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water, be tabled and referred to the Select Committee.: Debate resumed. Question put and passed. The Hon. R. I. Lucas moved - That the Select Committee consist of the Hon. B. V. Finnigan, the Hon. I. K. Hunter, the Hon. S. G. Wade, the Hon. N. Xenophon and the mover. Question put and passed. The Hon. R. I. Lucas moved - That the Committee have power to send for persons, papers and records, to adjourn from place to place and report on Wednesday, 20 September 2006. Question put and passed. The President laid upon the Table, in accordance with the Resolution of the Council, the evidence given to the previous Legislative Council Select Committee on the Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water.
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Collection
of
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19. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - I. That a Select Committee be appointed to inquire into and report upon issues relating to allegedly unlawful practices raised by the Auditor-General in his Annual Report, 2003-2004, and, in particular - (a) all issues related to the operation of the Crown Solicitor’s Trust Account and the $5 million “interagency loan” between the Department for Administrative and Information Services and the Department for Water, Land and Biodiversity Conservation; (b) whether the practices were in fact unlawful; (c) the extent to which these practices have been used in other Departments; (d) issues of natural justice surrounding the treatment of Ms. Kate Lennon; (e) why agencies were unable to meet statutory reporting deadlines; (f) suggestions as to how the management of unspent funds should be approached in the future; and (g) all other related matters. II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council. IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and V. That the evidence given to the previous Legislative Council Select Committee on Allegedly Unlawful Practices raised in the Auditor-General’s Report 2003-2004, be tabled and referred to the Select Committee.: Debate resumed. And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.
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Allegedly
Unlawful
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20. |
At seven minutes to six o’clock the sitting was suspended until the ringing of the bells. At fifteen minutes to eight o’clock the sitting was resumed.
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Suspension
and |
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21. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. I. Lucas - I. That a Select Committee of the Legislative Council be appointed to inquire into and report upon the following matters - (a) Whether the Premier or any Minister, ministerial adviser or public servant participated in any activity or discussions concerning - (i) the possible appointment of Mr. Ralph Clarke to a Government board or position; or (ii) the means of facilitating recovery by Mr. Clarke of costs incurred by him in connection with a defamation action between Mr. Clarke and Attorney-General Atkinson. (The activity and discussions and events surrounding them are referred to in these terms as “the issues”.) (b) If so, the content and nature of such activity or discussions. (c) Whether the Premier or any Minister or ministerial adviser authorised any such discussions or whether the Premier or any Minister or ministerial adviser was aware of the discussions at the time they were occurring or subsequently. (d) Whether the conduct (including acts of commission or omission) of the Premier or any Minister or ministerial adviser or public servant contravened any law or Code of Conduct; or whether such conduct was improper or failed to comply with appropriate standards of probity and integrity. (e) Whether the Premier or any Minister or ministerial adviser made any statement in relation to the issues which was misleading, inaccurate or dishonest in any material particular. (f) The failure of the Premier, Deputy Premier, the Attorney-General and the then Minister for Police to report the issue in the first instance to the Anti-Corruption Branch of the SA Police. (g) Whether the actions taken by the Premier and Ministers in relation to the issues were appropriate and consistent with proper standards of probity and public administration and, in particular - (i) why no public disclosure of the issues was made until June 2003; (ii) why Mr. Randall Ashbourne was reprimanded in December 2002 and whether that action was appropriate; (iii) whether the appointment of Mr. Warren McCann to investigate the issues was appropriate; (iv) whether actions taken in response to the report prepared by Mr. McCann were appropriate. (h) What processes and investigations the Auditor-General undertook and whether the Auditor-General was furnished with adequate and appropriate material upon which to base the conclusions reflected in his letter dated 20 December 2002 to the Premier. (i) Whether adequate steps were taken by Mr. McCann, the SA Police and the Office of the Director of Public Prosecutions to obtain from Mr. Clarke information which was relevant to the issues. (j) Whether the processes undertaken in response to the issues up to and including the provision of the report prepared by Mr. McCann were reasonable and appropriate in the circumstances. (k) Whether there were any material deficiencies in the manner in which Mr. McCann conducted his investigation of the issues. (l) Whether it would have been appropriate to have made public the report prepared by Mr. McCann. (m) The matters investigated and all the evidence and submissions obtained by and any recommendations made by the Anti-Corruption Branch of the SA Police. (n) Whether Mr. Ashbourne, during the course of his ordinary employment, engaged in any (and, if so, what) activity or discussions to advance the personal interests of the Attorney-General and, if so, whether any Minister had knowledge of, or authorised, such activity or discussion. (o) Whether Mr. Ashbourne undertook any and, if so, what actions to “rehabilitate” Mr. Clarke, or the former Member for Price, Mr. Murray DeLaine, or any other person into the Australian Labor Party and, if so, whether such actions were undertaken with the knowledge, authority or approval of the Premier or any Minister. (p) The propriety of the Attorney-General contacting journalists covering the Ashbourne case in the District Court during the trial and the nature of those conversations. (q) With reference to the contents of the statement issued on 1 July 2005 by the Director of Public Prosecutions, Mr. Stephen Pallaris, Q.C. - (i) what was the substance of the “complaint about the conduct of the Premier’s legal adviser, Mr. Alexandrides”; (ii) what was the substance of the “telephone call made [by Mr. Alexandrides] to the prosecutor involved in the Ashbourne case”; (iii) what were the “serious issues of inappropriate conduct” relating to Mr. Alexandrides; (iv) whether the responses of the Premier, the Attorney-General or any Minister or Mr. Alexandrides or any other person to the issues mentioned in the Director of Public Prosecutions’ statement were appropriate and timely; and (v) whether any person made any statement concerning the issues referred to in the Director of Public Prosecutions’ statement which was misleading, inaccurate or dishonest in any material particular. (r) Whether it would be appropriate in future to refer any credible allegation of improper conduct on the part of a Minister or ministerial adviser (that has not already been referred to the police) to the Solicitor-General in the first instance for investigation and advice. (s) If the reference of such an allegation to the Solicitor-General would not be appropriate (in general or in a particular case) or would not be possible because of the Solicitor-General’s absence or for some other reason, who would be an alternative person to whom it would be appropriate to refer such an allegation in the first instance for investigation and advice. (t) Whether Mr. Alexandrides assisted in framing the Terms of Reference for the Inquiry proposed by the Government in the resolution of the House of Assembly passed on 5 July 2005. (u) What action should be taken in relation to any of the matters arising out of the consideration by the Inquiry of these terms of reference. The Select Committee must not, in the course of its inquiry or Report, purport to make any finding of criminal or civil liability. II. That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only. III. That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council. IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating; and V. That the evidence given to the previous Legislative Council Select Committee on the Atkinson/Ashbourne/Clarke Affair, be tabled and referred to the Select Committee.: Debate resumed. And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.
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Atkinson/
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22. |
The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997. Question put and passed. Bill introduced and read a first time. The Minister for Environment and Conservation 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.
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Tobacco
Products |
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23. |
The Minister for Environment and Conservation, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Groundwater (Border Agreement) Act 1985. Question put and passed. Bill introduced and read a first time. The Minister for Environment and Conservation 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.
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Groundwater |
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24. |
The Minister for Police, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 to make certain procedural changes, and changes in terminology, that have become desirable in the light of the proposed new rules of civil procedure for the Supreme Court and the District Court; and to make related amendments to various other Acts. Question put and passed. Bill introduced and 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.
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Statutes
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25. |
Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.
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Postponement
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26. |
Ordered - That Orders of the Day (Government Business) No. 3 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.
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Postponement
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27. |
The Minister for Police, according to order, moved - That the Gas Pipelines Access (South Australia) (Greenfields Pipeline Incentives) Amendment 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. |
Gas
Pipelines
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28. |
On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Dangerous Driving) 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.
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Criminal
Law
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29. |
Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for the next day of sitting.
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Postponement |
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30. |
On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Throwing Objects at Moving Vehicles) 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.
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Criminal
Law |
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31. |
On the Order of the Day being read for the adjourned debate on the question - That the Institute of Medical and Veterinary Science (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.
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Institute of |
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32. |
Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for the next day of sitting.
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Postponement |
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33. |
Council adjourned at five minutes past nine o’clock until tomorrow at fifteen minutes past two o’clock.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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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
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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
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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 |
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