SOUTH AUSTRALIA]
No. 1
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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SECOND SESSION OF THE FIFTY-FIRST PARLIAMENT
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TUESDAY 24 APRIL 2007
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1. |
Council met pursuant to Proclamation published in the Government Gazette of 5 April 2007. At twelve o’clock noon, the Clerk read the Proclamation, as under:
Proclamation By The Governor
South Australia
Constitution (Second Session of 51st Parliament) Proclamation 2007 under section 6 of the Constitution Act 1934
1. Short Title This proclamation may be cited as the Constitution (Second Session of the 51st Parliament) Proclamation 2007. 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. Second session of the 51st Parliament (1) I fix 12 noon on 24 April 2007 as the time for holding the second session of the 51st 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 5 April 2007.
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Meeting
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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 thank Lewis O’Brien, an elder of the Kaurna people, for his gracious “welcome to country” today. And I acknowledge, seated in the Gallery today, descendants of members of South Australia’s first Parliament. It is a great pleasure to open this Second Session and to join you in this happy and historic occasion. At this special Sesquicentenary Opening of Parliament, we celebrate 150 years of successful responsible government in South Australia. This day affords an opportunity for us to look back at the achievements of not just this institution, but of the people of this State overall. It is also a day for us to think of the future - of the Parliament’s capacity to continue to advance the interests of the State and to bring about the common good. Exactly 50 years ago today, the then Governor, His Excellency Sir Robert George, began his speech in this place by reading a message of congratulations from Her Majesty The Queen. For today’s opening, Her Majesty has again very kindly sent us a message, and it reads as follows:
“I am most grateful for this opportunity of addressing myself to the Parliament of South Australia as it celebrates the 150th anniversary of its first meeting. South Australia has enjoyed a distinguished history of democracy. This assembly, whose founding members gathered in Old Parliament House a century and a half ago, was among the very first in the world to be elected by a secret ballot. So many of the democratic traditions which elsewhere are taken for granted in the 21st century were nurtured here by the people of South Australia. Those early South Australians sought to make their new State both representative and inclusive long before others followed their example. Members of both Houses assembled here today are the latest guardians of those powerful traditions. I am pleased that on this important anniversary I am able to pay tribute to all those who, throughout the history of South Australia, have served the people of this State and its strong association with parliamentary democracy. When I last visited Adelaide in 2002, I reflected on the development of Australia as a modern nation. It is an endeavour to which the people and Parliament of South Australia have contributed much, and to them all I send my continued good wishes and warmest congratulations on this special day. ELIZABETH R. 24th April, 2007.”
Honourable Members. The history of the South Australian Parliament is characterised by a steady development that has both reflected and further encouraged the wider social and economic growth of the State. The formation of Parliament marked a profound change. It was the end of a colonial system of administration in which a Governor responsible only to the British Crown ruled South Australia. It was also the beginning of a model of government that, through Parliament, was responsible directly to the people of the State. The Parliament of South Australia officially began on 22 April 1857, following elections held the previous month and the introduction, in 1856, of a Constitution that was seen as one of the most democratic in the world for its time. A mere 20 years after the start of European settlement - and building on the work of the appointed Legislative Council that was inaugurated in 1843 - the people of South Australia had a bicameral, representative Parliament. It consisted of an 18-member Legislative Council and a 36-member House of Assembly. |
Governor’s
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Reflecting the free, non-conformist and liberal ethos of the colony’s founders, the new Parliament functioned on the basis of contemporary democratic principles and measures. Just some of these included adult male suffrage (including for Aboriginal men), use of secret ballot, no plural voting, no property qualification for Members of the House of Assembly, and a relatively limited property qualification for Members of the Legislative Council. A few days after the opening of Parliament, one local newspaper, The Adelaide Observer, said that the circumstances under which South Australia entered this new phase were “auspicious”. It opined that South Australia’s financial position was sound, that its population was growing rapidly, that commerce was in “a safe and improving condition”, and that foreign trade was increasing. “Indications of advancing prosperity are to be found on every hand,” the Observer said, “and a tone of confident hopefulness pervades the whole community”. The stature of the Parliament and the scope of its work grew steadily throughout the 19th century. Its laws and decisions had an increasing impact on the day-to-day lives of South Australians - including through the introduction of one of the first and most groundbreaking pieces of legislation, the Real Property Act. This Act instituted South Australia’s own Torrens Title system, which has since become known and used worldwide to simplify the recording of dealings in land. Nevertheless, not all was plain sailing. Within just a few years of the establishment of the Parliament, tensions arising from the relationship between British statutes and local law-making came to a head. A constitutional crisis in the 1860’s arose from a struggle between the Parliament and the Supreme Court’s Justice Benjamin Boothby over the validity of locally enacted laws. This crisis - which led to the appointment of a Select Committee to investigate Boothby and to the collapse of a ministry - ended only with the death of the judge in 1868. In the days before the development of political parties, the Parliament also survived what one historian described as “chronic instability” - indeed, the formation of 47 different governments in the first 36 years of Parliament. Both greater stability and activism occurred in the 1880’s and 1890’s, partly encouraged by the wily and energetic Premier, Charles Kingston. Building on South Australia’s radical beginnings and its history of enlightened social reform, the colony entered a period that earned it a worldwide reputation for being a “social laboratory”. Just some of the measures adopted at this time included the payment of a salary to Members of Parliament, and the granting to women of the right both to vote and to stand for Parliament. Parliament’s decision in 1894 to grant adult women the right to vote made South Australia the first colony in Australia, and just the fourth place in the world, to introduce such a measure. And the granting of the right to stand for Parliament, also made in 1894, was a world first. Responding to the development of technology, Parliament granted the money that allowed South Australia, in 1872, to become the first place to establish telegraphic communication between Australia and the outside world. It is important to note that the development of this Parliament did not stop South Australia from becoming a critical, enthusiastic player in the movement towards the Federation of Australia in 1901. For example, Adelaide hosted one of the key Constitutional Conventions of the 1890’s and, of course, Charles Kingston was a prime mover behind Federation. When the first Federal Parliament convened, former members and officers of the South Australian Parliament were strongly represented: Kingston became Minister for Trade and Customs; Richard Baker was elected inaugural President of the Senate; Frederick Holder became the first Speaker of the House of Representatives; and the former Clerk of both the Legislative Council and the House of Assembly, Edwin Blackmore, became the inaugural Clerk of the Senate. The early 20th century saw the Parliament increasingly operate along party lines, especially following the creation of the Labor Party. The Parliament grappled with the social and economic challenges generated by the Depression and the impact of two World Wars. This again led to some political instability, but the legitimacy of the institution itself - the Parliament - remained rock solid. Indeed, the Parliament achieved a landmark in 1939 with the completion of Parliament House and the construction of this very Chamber. The post-World War II period was characterised by a new burst of activism and reform. The extraordinary premiership of Sir Thomas Playford saw Parliament involved in a wide range of State-building initiatives, including in the fields of housing, electricity, transport, agriculture, manufacturing, mining, defence, and urban and regional development. |
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The 1960’s and 1970’s brought about various measures to reform the electoral system that had an impact on the make-up and running of the Parliament. And the Dunstan era, in particular, saw a flurry of social reforms. Just some of these included laws designed to improve the welfare, civil liberties and land rights of Aboriginal people; to outlaw discrimination on the basis of race and gender; to provide for equal opportunity; to afford protection to consumers; and to improve the general level of community welfare. Thoughtful, sensible law-making continued throughout the 1980s and 1990s, resulting in even greater social and economic prosperity for South Australians. More recently, Parliament has enacted measures to enhance the honesty, accountability and transparency of government, and to remove unjustified discrimination. And, in May 2005, it achieved another milestone: the first regional sitting of the Parliament, in Mount Gambier. Today, the South Australian Parliament is a place of both continuity and change. It has become more representative of the State as the franchise has expanded. And both these trends - along with the increasing responsibilities of government generally - have led the Parliament to play an even more crucial role in the development of the State and in the lives of South Australians. Perhaps most importantly, Parliament is today debating and dealing with prevailing issues that affect not just the State, but the wider nation and planet. Just some of these topics include Australia’s response to terrorism, the future of the River Murray and the impact of climate change. One-hundred and fifty years after its opening, this Parliament remains a resilient, fair, adaptable and, above all, very effective instrument for the betterment of the State. May it continue to be an institution through which the people of South Australia innovate, respond, anticipate and shape a bright future for themselves. Honourable Members. Before closing, I wish briefly to touch on two matters that are customarily addressed by the Governor or Governor’s Deputy at the Opening of Parliament. It is with sadness that we acknowledge the passing of three former Members of Parliament since the Opening of the First Session of the 51st Parliament, in April 2006. In August last year, a former Member and Speaker of the House of Assembly, Terry McRae, passed away. A former Member of the Legislative Council, the Honourable Norm Foster, died in November 2006. And early in February this year, a former Minister and Member of the Legislative Council, the Honourable Ren DeGaris, passed away. During this Second Session of the 51st Parliament, my Government intends to continue its efforts to foster prosperity, growth and opportunity - and all within the framework of South Australia’s Strategic Plan. In the field of industry, my Government will work closely with BHP Billiton to facilitate and negotiate an indenture to underpin the expansion of the Olympic Dam mine, with an associated desalination plant proposed for the Upper Spencer Gulf. Mineral exploration is at an historic high in South Australia, and the successful Plan for Accelerating Exploration, or PACE, will be extended in order to further foster that boom. My Government will develop the Techport Australia shipbuilding site at Osborne, which will be the hub of the Air Warfare Destroyers project and the centre of a long-term, internationally competitive naval construction industry in this State. Large-scale transport infrastructure work will continue in the northern and north-western regions of Adelaide, and the extension of the Glenelg tramline will soon see trams run along North Terrace once again. Work on the Bakewell underpass project will continue and, in conjunction with the Commonwealth, the State Government will upgrade the Le Fevre Peninsula railway corridor. My Government will finalise negotiations with the Commonwealth, and then introduce complementary legislation, to transfer management of the River Murray to an independent commission responsible to a Federal Minister, with appropriate guarantees of environmental flows to South Australia. My Government will also continue to work with other States, through the Council for the Federation, to establish a national emissions trading scheme in order to reduce greenhouse gas emissions. In the area of health, a network of GP Plus Centres will continue to be developed across Adelaide, “junk food” will be banned in schools, and the Premier’s Be Active Challenge will promote physical activity among Reception-to-Year 9 students. Governance of the public health system will be improved through a new Health Care Bill, and an independent Health Performance Council will be proposed. My Government plans to introduce new mental health legislation, in the wake of the Social Inclusion Board’s report on the State’s mental health system and the Government’s consequent funding commitments. |
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My
Government will introduce a package of reforms designed to enhance the rights
of victims of crime, will reform the criminal law dealing with serious drug
offences, and will In 2007, the first of ten new Trade Schools and at least six new Children’s Centres will be opened, and the Government will pave the way for the opening of six new schools across Adelaide in 2010 and 2011 as part of its Education Works initiative. |
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In other initiatives, a new South Australian Certificate of Education will be implemented, and my Government will legislate during this Parliament to lift the school-leaving age to 17 by 2010. My Government’s continuing efforts in higher education - including to develop Adelaide’s status as Australia’s “University City of the Future” with the interest of further overseas institutions - will seek to build on the significant recent increase in the number of overseas students studying in South Australia. The quality, breadth and relevance of the State’s skills base will be improved through the implementation of my Government’s Skills for South Australia program. Later this year, my Government will introduce legislation designed to make the State public service more responsive to the needs of South Australians. In order to improve housing for the most vulnerable in our community, new care and amenity standards will be set in the supported residential facility and boarding house sectors. My Government will take further steps to improve safety in Aboriginal communities, including the placement of more police and social workers. In relation to the environment, there will be legislative action to deal with site contamination, to toughen penalties for cruelty to animals, to phase out single-use plastic bags, and to establish a series of marine parks across the State. Honourable Members. In closing, I wish to thank all those involved in organising this special Sesquicentenary Opening of Parliament - an event that celebrates the enduring and practical contribution of one of our State’s defining institutions. 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, Adelaide. 24 April 2007. His Excellency retired from the Chamber. The Members of the House of Assembly withdrew.
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3. |
The President read prayers.
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Prayers. |
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4. |
At twelve 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.
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Suspension
and
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5. |
A Messenger from the Governor having been announced by Black Rod, the following Message was received and read: Message No. 1. The Governor’s Deputy informs the Legislative Council that the President of the Senate of the Commonwealth of Australia, in accordance with Section 21 of the Commonwealth Constitution, has regretfully notified Her Excellency the Governor that, through the death on the second day of April, 2007, of Senator Jeannie Margaret Ferris, a vacancy has happened in the representation of this State in the Senate. The Governor’s Deputy is advised that, by such vacancy having happened, the place of a Senator has become vacant before the expiration of her term within the meaning of Section 15 of the Constitution, and that such place must be filled by the Houses of Parliament, sitting and voting together, choosing a person to hold it in accordance with the provisions of the said Section. Government House, Adelaide. BRUNO KRUMINS, Governor’s Deputy. 24 April 2007. |
Message
from |
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The President informed the Council that he had conferred with the Hon. the Speaker of the House of Assembly and arranged to call a Joint Meeting of the two Houses for the purpose of complying with section 15 of the Commonwealth of Australia Constitution Act on Thursday, 3 May 2007, at 10.00 am.
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President’s |
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6. |
The Minister for Police, by leave, moved - That this Council notes this historic occasion of the 150th Anniversary of Responsible Government in South Australia. Debate ensued. Question put and passed.
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Sesquicentenary
of
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The President laid on the Table the Statistical Record of the Legislature - 1836-2007. Ordered - That the Statement be printed. (Paper No. 180) The President advised the Council that the record is a result of many months of work over several years by Ms. Noeleen Ryan and Ms. Margaret Hodgins and they should be commended on this remarkable achievement and that all Members of the Parliament will be issued with a commemorative copy to mark the occasion of the Sesquicentenary of Responsible Government in South Australia.
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Statistical
Record |
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The Minister for Police, by leave, moved - That the Legislative Council expresses its deep regret at the death of Senator Jeannie Ferris and places on record its appreciation of her distinguished public service and that, as a mark of respect to her memory, the sitting of the Council be suspended until the ringing of the bells. And being supported by the Hon. D. W. Ridgway, the Hon. G. E. Gago, the Hon. A. M. Bressington, the Hon. J.S.L. Dawkins, the Hon. J.M.A. Lensink, the Hon. T. J. Stephens and the Hon. R. D. Lawson: Motion carried in silence, Members standing in their places.
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Death of Senator Jeannie Ferris. |
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At ten minutes to five o’clock the sitting was suspended until the ringing of the bells. At six minutes past five o’clock the sitting was resumed.
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Suspension
and
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10. |
The following Papers were laid upon the Table, viz.: By the Minister for Police (The Hon. P. Holloway) - Architects Board of South Australia - Report 2006. Regulations under the following Acts - Electricity Act 1996 - Installations. Vegetation Clearance. Evidence Act 1929 - Prescribed Courts. Southern State Superannuation Act 1994 - Death Insurance Benefits. Statutes Amendment (Public Sector Employment) Act 2006 - Awards. Workers Rehabilitation and Compensation Act 1986 - Thoroughbred Riding. Rule of Court - District Court - District Court Act 1991 - Search Orders. By the Minister for Environment and Conservation (The Hon. G.E. Gago) - Southern Adelaide Health Service - Report, 2005-2006. Upper South East Dryland Salinity and Flood Management Act 2002 - Quarterly Report - 1 January 2007 - 31 March 2007. Regulations under the following Acts - Environment Protection Act 1993 - Environment Protection Fund. Liquor Licensing Act 1997 - Dry Areas - Bordertown. Henley Beach. Millicent. Murray Bridge. Native Vegetation Act 1991 - Clearance Exemptions. Natural Resources Management Act 2004 - Levy Exemption.
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Papers. |
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The Minister for Police, 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.
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Suspension
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12. |
The Minister for Police tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Public Trustee.
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Ministerial
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The Minister for Police moved - That a Standing Orders Committee be appointed consisting of the President, the Hon. J. M. Gazzola, the Hon. R. I. Lucas, the Hon. D. W. Ridgway and the mover. Question put and passed.
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Standing
Orders |
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14. |
Ordered - That for this Session a Library Committee not be appointed.
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Library
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15. |
The Minister for Police moved - That a Printing Committee be appointed consisting of the Hon. J. M. Gazzola, the Hon. I. K. Hunter, the Hon. C. V. Schaefer, the Hon. T. J. Stephens and the Hon. R. P. Wortley. Question put and passed.
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Printing |
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16. |
The Hon. I. K. Hunter, by leave, moved - That the Select Committee on Collection of Property Taxes by State and Local Government, including Sewerage Charges by SA Water have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee
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The Hon. I. K. Hunter, by leave, moved - That the Select Committee on Pricing, Refining, Storage and Supply of Fuel in South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee |
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The Hon. I. K. Hunter, by leave, moved - That the Select Committee on Allegedly Unlawful Practices Raised in the Auditor-General’s Report 2003-2004 have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee
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The Hon. I. K. Hunter, by leave, moved - That the Select Committee on the Atkinson/Ashbourne/Clarke Affair have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee |
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The Hon. I. K. Hunter, by leave, moved - That the Select Committee on the Selection Process for the Principal at the Elizabeth Vale Primary School have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee
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The Hon. R. D. Lawson, by leave, moved - That the Select Committee on Families SA have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Select
Committee
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The Hon. R. I. Lucas, by leave, moved - That the Budget and Finance Committee have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 21 November 2007. Question put and passed.
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Budget
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23. |
The Minister for Police, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. J.M.A. Lensink be appointed to the Environment, Resources and Development Committee in place of the Hon. D. W. Ridgway, resigned. Question put and passed.
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Environment,
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The Minister for Police, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. R. I. Lucas be appointed to the Statutory Authorities Review Committee in place of the Hon. J.M.A. Lensink, resigned. Question put and passed.
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Statutory
Authorities
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25. |
The Minister for Police, by leave and without notice, moved - That pursuant to Section 10(3) of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the Hon. T. J. Stephens be appointed to the Aboriginal Lands Parliamentary Standing Committee in place of the Hon. J.M.A. Lensink, resigned. Question put and passed.
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Aboriginal
Lands
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The Minister for Police, by leave and without notice, moved - That pursuant to Section 21(3) of the Parliamentary Committees Act 1991, the Hon. T. J. Stephens be appointed to the Occupational Safety, Rehabilitation and Compensation Committee in place of the Hon. S. G. Wade, resigned. Question put and passed.
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Occupational
Safety,
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The President having laid on the Table a copy of the Opening Speech by the Governor’s Deputy: The Minister for Police moved - That a Committee consisting of the Hon. I. K. Hunter, the Hon. R. I. Lucas, the Hon. D. W. Ridgway, the Hon. R. P. Wortley 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. Question put and passed.
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Draft
Address |
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28. |
Ordered - That the Council, at its rising, do adjourn until Tuesday, 1 May 2007. |
Next
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Council adjourned at twenty-two minutes past six o’clock until Tuesday, 1 May 2007, 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. 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
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The Hon. M. C. Parnell The Hon. D. W. Ridgway The Hon. T. J. Stephens The Hon. S. G. Wade The Hon. N. Xenophon The Hon. C. Zollo
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