SOUTH AUSTRALIA]

No. 2

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THIRD  SESSION  OF  THE  FIFTY-FIRST  PARLIAMENT

_______

 

 

THURSDAY  11  SEPTEMBER  2008

 

 

 

   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 Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. J. M. Gazzola from 3,093 residents of South Australia, concerning the Renmark/Paringa Hospital.  The Petitioners pray that this Honourable House will urgently reconsider the decision to downgrade the Renmark/Paringa Hospital.

 

Petition:
No. 1 –
Renmark/Paringa Hospital.

    3.

The following Paper was laid upon the Table, viz.:

        By the Minister for State/Local Government Relations (The Hon. G. E. Gago) -

                 Leases of Properties held by the Commissioner for Highways - Report, 2007-2008.

 

Paper.

   4.

The Hon. J.S.L. Dawkins brought up the Interim Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site.

                 Ordered - That the Interim Report be printed.  (Paper No. 187)

 

Select Committee
on Proposed Sale
and Redevelopment
of the Glenside
Hospital Site -
Interim Report.

 

   5.

The Hon. R. P. Wortley brought up the Twenty Third Report of the Natural Resources Committee, 2008 on Deep Creek Revisited: A Search for Straight Answers.

 

Natural Resources
Committee -
Twenty-Third Report, 2008 -
Deep Creek.

   6.

The Minister for the Mineral Resources Development, (The Hon. P. Holloway,) by leave, tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Carbon Pollution Reduction Scheme.

 

Ministerial
Statement Tabled.

   7.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. J. D. Hill, M.P.) concerning the Extension of the Noarlunga Rail Line.

 

Ministerial
Statement Tabled.

   8.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. W. Weatherill, M.P.) concerning the death of Mrs. Muyuru Burton.

 

Ministerial
Statement Tabled.

   9.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation concerning the death of Uncle Henry Rankine.

 

Ministerial
Statement Tabled.

10.

The Minister for Mineral Resources Development, pursuant to notice, moved -

        That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission and provide to that Member a copy of any proposed response at least one clear sitting day prior to the publication of the response;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)    “Member” includes a former Member of the Legislative Council.

Question - put and passed.

 

Citizen’s Right
of Reply -
Motion re.

11.

The Minister for Mineral Resources Development, pursuant to notice, moved - That the Classification (Publication, Film and Computer Games) (Classification Process) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Classification
(Publication, Film
and Computer
Games)
(Classification
Process)
Amendment Bill.

 

12.

The Minister for Mineral Resources Development, pursuant to notice, moved - That the Civil Liability (Food Donors and Distributors) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

13.

The Minister for Mineral Resources Development, pursuant to notice, moved - That the Statutes Amendment and Repeal (Taxation Administration) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Statutes
Amendment
and Repeal
(Taxation
Administration) Bill.

14.

The Minister for Mineral Resources Development, pursuant to notice, moved - That the Summary Offences (Indecent Filming) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That consideration of the Bill be an Order of the Day for next day of sitting.

 

Summary Offences
(Indecent Filming)
Amendment Bill.

15.

The Minister for Mineral Resources Development, according to order, from the Committee appointed to prepare a Draft Address-in-Reply to the Opening Speech of His Excellency the Governor, brought up the Draft Address, which was read by the Clerk as follows:

Address-in-Reply.

 

 

To His Excellency Rear Admiral Kevin Scarce, Companion of the Order of Australia, Conspicuous Service Cross, Royal Australian Navy Reserve, Governor in and over the State of South Australia in the Commonwealth of Australia:

        MAY IT PLEASE YOUR EXCELLENCY -

                 1.      Through Your Excellency, we, the Members of the Legislative Council, thank Your Excellency for the Speech with which you have been pleased to open Parliament.

                 2.      We assure Your Excellency that we will give our best attention to all matters placed before us.

                 3.      We earnestly pray for the Divine blessing on the proceedings of the Session.

 

                 The Hon. R. P. Wortley moved - That the Address-in-Reply, as read, be adopted.

                 The Hon. B. V. Finnigan having seconded the motion:

                 Debate ensued.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

 

16.

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

Message No. 1

                 MR. PRESIDENT - The House of Assembly has appointed Mrs. Geraghty, the Hon. G. M. Gunn, Mr. O’Brien and Mr. Pisoni to act with Mr. Speaker as Members of the Standing Orders Committee, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the Legislative Council.

House of Assembly, 10 September 2008.                                                            J. J. SNELLING, Speaker.

 

Messages from
House of Assembly:
Standing Orders
Committee.

 

Message No. 2

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

House of Assembly, 10 September 2008.                                                            J. J. SNELLING, Speaker.

 

Publishing
Committee.

17.

Ordered - That the Council, at its rising, adjourn until Tuesday, 23 September 2008, at fifteen minutes past two o’ clock.

 

Next Day
of Sitting.

 

18.

Council adjourned at eleven minutes to six o’clock until Tuesday, 23 September 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

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

 

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. C. Zollo

 

 

 

 

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