SOUTH AUSTRALIA]

No. 16

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  NOVEMBER  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 Minister for Mineral Resources Development (The Hon. P. Holloway) by leave, moved - That the Legislative Council expresses its deep regret at the recent death of Mr. John William Olson, former Member of the House of Assembly, and places on record its appreciation of his distinguished and meritorious 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. D. W. Ridgway:

                 Motion carried in silence, Members standing in their places.

 

Death of
Mr. J. W. Olson.

 

3.

At eleven minutes past eleven o’clock the sitting was suspended until the ringing of the bells.

                At twenty six minutes past eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting

 

   4.

The Minister for Mineral Resources Development, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock and Notices of Motion and Orders of the Day (Private Business) be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing Orders.

 

   5.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

 

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Civil Liability (Food Donors and Distributors) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. R. D. Lawson moved on page 2, line 3, to leave out “Food Donors and Distributors” and insert “Charitable Donations”.

                 Question - That the words proposed to be struck out stand as printed - put.

Civil Liability
(Food Donors and
Distributors)
Amendment Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. A. M. Bressington

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. M. C. Parnell

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

So it passed in the negative.

 

Noes, 10

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

 

 

                 Question – That the words proposed to be inserted by the Hon. R. D. Lawson, be so inserted - put and passed.

                          Clause No. 1, as amended, agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

   7.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 10 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Statutes
Amendment
(Bulk Goods) Bill.

 

   8.

The Minister for State/Local Government Relations (The Hon. G. E. Gago), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations 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.

 

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

   9.

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

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

  10.

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

        By the Minister for Mineral Resources Development -

                 Reports, 2007-2008 -

                          Australian Energy Market Commission.

                          Code Registrar for the National Third Party Access Code for Natural Gas Pipeline Systems.

                          Defence SA.

                          Department of Trade and Economic Development.

                          Department of Treasury and Finance.

                          Department of Water, Land and Biodiversity Conservation.

                          Distribution Lessor Corporation.

                          Electricity Supply Industry Planning Council.

                          Energy Consumers’ Council.

                          Essential Services Commission of South Australia.

                          Funds SA.

                          Generation Lessor Corporation.

                          Land Management Corporation.

                          Motor Accident Commission.

                          Parliamentary Superannuation Board.

                          Police Superannuation Board.

                          Public Trustee.

                          RESI Corporation.

                          Save the River Murray Fund.

                          South Australian Asset Management Corporation.

                          South Australian Financing Authority.

                          South Australian Motor Sport Board.

                          South Australian Superannuation Board.

                          South Australian Water Corporation.

                          State Emergency Management Committee.

                          State Procurement Board.

                          Stormwater Management Authority.

                          Technical Regulator - Electricity.

                          Technical Regulator - Gas.

                          TRACsa Trauma and Injury Recovery.

                          Transmission Lessor Corporation.

                          Venture Capital Board.

        By the Minister for Correctional Services (The Hon. C. Zollo) -

                 Reports, 2007-2008 -

                          Child Death and Serious Injury Review Committee.

                          Department for Families and Communities.

                          Fisheries Council of South Australia.

                          ForestrySA.

                          Guardian for Children and Young People.

                          Supported Residential Facilities Advisory Committee.

                          The Council for the Care of Children.

                          Veterinary Surgeons Board of South Australia.

        By the Minister for State/Local Government Relations -

                 Reports, 2007-2008 -

                          Adelaide Convention Centre.

                          Board of the Botanic Gardens and State Herbarium.

                          Coast Protection Board.

                          Department for Environment and Heritage.

                          Department of Health.

                          Dog and Cat Management Board.

                          General Reserves Trust.

                          Health and Community Services Complaints Commissioner.

                          South Australian Rail Regulation.

                          South Australian Tourism Commission.

                          South Eastern Water Conservation and Drainage Board.

                          Tarcoola-Darwin Rail Regulation.

                 Gene Technology Act 2001 (SA) Statutory Review - South Australian Government Response Document.

                 Gene Technology Activities in 2007.

 

Papers.

 

11.

The Hon. J. M. Gazzola brought up the Ninth Report, 2008, of the Legislative Review Committee.

 

Legislative Review
Committee -
Ninth Report,
2008.

 

 

  12.

The Hon. R. P. Wortley brought up the Report, 2007-2008, of the Natural Resources Committee Upper South East Dryland Salinity and Flood Management Act 2002.

 

Natural Resources
Committee -
Upper South
East
Dryland
Salinity
and Flood

Management
Act 2002 -
Report,
2007-2008.

 

 

  13.

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 Modbury Oncology Service.

 

Ministerial
Statement Tabled.

 

  14.

The Minister for State/Local Government Relations, by leave, tabled a copy of a Ministerial Statement made by the Minister for Education (The Hon. J. D. Lomax-Smith, M.P.) concerning Aberfoyle Hub Junior Primary and Primary Schools, Wynn Vale Junior Primary and Primary Schools, Morphett Vale High School, Sedan Primary School and the Melrose Early Learning Centre.

 

Ministerial
Statement Tabled.

 

15.

The Hon. R. L. Brokenshire, having stated in writing that he wished to debate a matter of urgency, viz.: That this Council -

1.        acknowledges  the Senate’s amendment yesterday precluding the taking of any new water from the Murray-Darling Basin which in effect, bans the proposed construction of a pipeline from the Goulburn River to Sugarloaf Reservoir, predominantly intended for Melbourne water supply; and

2.        calls upon the Premier to urgently contact the Prime Minister, The Hon. Kevin Rudd M.P., this afternoon requesting that the Prime Minister and his Government support the said Senate amendment.

                 And more than the required number of Members having risen in their places in proof of urgency:

                 The Hon. R. L. Brokenshire moved - That the Council at its rising, do adjourn until tomorrow at 1.00 p.m.

                 Debate ensued.

Debate on
Matter of Urgency -
Proposed
Murray-Darling
Basin Pipeline.

 

 

                 And one hour having expired, the Business of the Day was called on.

 

Business of the
Day called on.

 

 

16.

In accordance with Standing Orders, the President called on Members to make Statements on Matters of Interest.

Statements on
Matters of Interest.

 

 

During her statement, the Hon. A. M. Bressington tabled the following documents:

                 A list of Organisations with which the U.S. Office of National Drug Control Policy has worked.

                 A copy of a letter addressed to the Hon. A. M. Bressington from Dr. Mukesh Haikerwal, President of the Australian Medical Association, dated January 2006.

                 A copy of a letter addressed to the Hon. A. M. Bressington from Dr. Christopher Cain, President of the Australian Medical Association (SA), dated August 2006.

                 A copy of an email addressed to the Hon. A. M. Bressington from Mr. Gary Christian relating the Swedish drug policy.

 

Documents Tabled.

 

17.

The President, pursuant to Sessional Order, made the following Statement concerning a request for a Citizen’s Right of Reply:

                 “I have to advise that I have received a letter from Dr. David Caldicott requesting a Right of Reply in accordance with the Sessional Standing Order passed by this Council on 11 September 2008.

                 In his letter of 23 November 2008, Dr. Caldicott considers that the Hon. A. M. Bressington has “impugned” his reputation in matters raised in debate on the Controlled Substances (Palliative Use of Cannabis) Bill on 13 November 2008.

                 Following the procedures set out in the Sessional Standing Order, I have given consideration to this matter and believe that it complies with the requirements of the Sessional Standing Order.  Therefore I grant the request and direct that Dr. Caldicott’s reply be incorporated in Hansard.”

 

Citizen’s Right
of Reply -
Dr.  D. Caldicott -
Incorporation
into
Hansard.

 

  18.

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 Tabling of the EPA’s State of the Environment Report for South Australia 2008, together with a copy of the Report.

 

Ministerial
Statement and
Document Tabled.

 

19.

The Minister for State/Local Government Relations, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995, the Civil Liability Act 1936, the Conveyancers Act 1994, the Fair Trading Act 1987, the Land Agents Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986; and to repeal the Consumer Transaction Act 1972 and the Recreational Services (Limitation of Liability) Act 2002.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for State/Local Government Relations then moved - That this Bill be now read a second time.

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
and Repeal (Fair Trading) Bill.

 

20.

The Minister for Mineral Resources Development, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the registration of architects and architectural businesses; to regulate architectural practice for the purpose of maintaining high standards of competence and conduct by registered architectural businesses; to repeal the Architects Act 1939; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. S. G. Wade, the debate was adjourned until next day of sitting.

 

Architectural
Practice Bill.

 

  21.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Child Sex Offenders (Registration of Internet Activities) 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 Wednesday of sitting.

 

Child Sex
Offenders
(Registration of
Internet Activities)
Bill.

 

22.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Report of the Select Committee on the Impact of Peak Oil on South Australia, be noted.

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

 

Select Committee on
Impact of Peak Oil
on
South Australia -
Report, be noted -
Motion re.

 

 

23.

The Hon. R. D. Lawson, pursuant to notice moved - That this Council notes the evidence and documents tabled in relation to the Select Committee on the Atkinson/Ashbourne/Clarke Affair and expresses its concerns with the actions of the Premier, the Attorney-General, members of their staff and other Members of the Rann Government in connection with the affair.

                 The Hon. R. D. Lawson, by leave, tabled a Statement agreed to by himself, the Hons. R. I. Lucas and S. M. Kanck.

                 Debate ensued.

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

 

Select Committee
on the Atkinson/
Ashbourne/Clarke
Affair -
Motion re.

 

24.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

  25.

At five 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.

 

Suspension and
Resumption of
Sitting.

 

 

26.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. M. C. Parnell then moved - That this Bill be now read a second time.

                 On motion of the Hon. B. V. Finnigan, the debate was adjourned until next Wednesday of sitting.

 

Environment
Protection
(Pulp Mills)
Amendment  Bill.

 

27.

The Hon. M. C. Parnell, pursuant to notice, moved - That this Council -

    I.      Notes -

(a)     the increasing frustration of South Australians with the inequity of household water restrictions that limit outside use, whilst allowing unlimited use within the home;

(b)    the significant potential for abuse of water restriction rules and the reliance of householders dobbing in their neighbours as an enforcement strategy;

(c)     the increasing need to reduce water demand in the face of the declining health of the River Murray which supplies up to 90% of Adelaide’s potable water during dry years; and

(d)    that those with access to the quaternary aquifer that underlies the Adelaide plains are able to extract unlimited amounts of water for domestic use; and

   II.      Calls on the Government to -

(a)     replace the water restriction regime with a household allocation based on occupancy and quarterly meter readings to allow citizens to choose where and how they use their water;

(b)    prescribe the quaternary aquifer beneath Adelaide and include domestic bore extraction within the household allocation, whilst continuing to exclude water sourced from rainwater tanks to encourage the uptake of domestic rainwater collection systems; and

(c)     change the water pricing structure by increasing the volumetric costs and reducing other charges to provide more incentive for water users to reduce their demand.

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

 

Water Usage -
Motion re.

 

  28.

The Hon. R. P. Wortley, pursuant to notice, moved - That the Report, 2007-2008, of the Natural Resources Committee on Upper South East Dryland Salinity and Flood Management Act 2002, be noted.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next Wednesday of sitting.

 

Natural Resources
Committee - Upper
South
East Dryland
Salinity and Flood

Management Act
2002 -
Report, 2007-2008,
be noted -
Motion re.

 

 

  29.

Order of the Day read for the Report of the Select Committee on 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, 17 June 2009.

 

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

 

 

30.

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 until Wednesday, 17 June 2009.

 

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

2003-2004.

 

 

31.

Order of the Day read for the Report of the Select Committee on Families SA to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 17 June 2009.

 

Select Committee on
Families SA.

 

32.

Order of the Day read for the Report of the Select Committee on SA Water to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 17 June 2009.

 

Select Committee on
SA Water.

 

33.

Order of the Day read for the Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 17 June 2009.

 

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

 

34.

Order of the Day read for the Report of the Select Committee on Staffing, Resourcing and Efficiency of South Australia Police to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 17 June 2009.

 

Select Committee on
Staffing, Resourcing
and Efficiency of
South Australia
Police.

 

35.

Order of the Day read for the Report of the Budget and Finance Committee to be brought up.

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 17 June 2009.

 

Budget and Finance
Committee.

 

36.

Ordered - That Orders of the Day (Private Business) No. 8 and No. 9 be Orders of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

37.

On the Order of the Day being read for the adjourned debate on the question - That the Consent to Medical Treatment and Palliative Care (Voluntary Euthanasia) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Consent to Medical
Treatment and
Palliative Care
(Voluntary
Euthanasia)
Amendment Bill.

 

38.

The Hon. M. C. Parnell, pursuant to notice, moved - That the Legislative Council -

       I.      Notes that 10 December 2008 is the sixtieth anniversary of the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights;

      II.      Also notes that 9 December 2008 is the sixtieth anniversary of the adoption of the Convention on the Prevention and Punishment of the  Crime of Genocide;

     III.      Recognizes that the realization of the rights in the Declarations is a responsibility of all, including those in this Parliament;

     IV.      Pays tribute to those Australians who played leading roles in the development and adoption of these important instruments of international law and who, since then, have contributed to their implementation;

      V.      Recalls that the adoption of the Declaration and the Convention was a response to the suffering of those who had experienced human rights violations, especially the “barbarous acts” perpetrated during World War II;

     VI.      Recognises, with regret and disappointment, that in the intervening sixty years violations of human rights, including acts of Genocide, have continued to occur around the world;

   VII.      Affirms that “the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want [is] the highest aspiration of the common people”;

  VIII.      Declares its own “faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women”.

    IX.      Commits itself to the principles contained in the Universal Declaration of Human Rights as “a common standard of achievement for all peoples and all nations” and to their promotion throughout South Australia.

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

 

United Nations Declarations - Motion re.

 

39.

On the Order of the Day being read for the adjourned debate on the question - That this Council -

       I.      Notes the serious and continuing allegations about the District Council of the Copper Coast in relation to the fairness and transparency of the process for the sale of Council land in Owen Terrace, Wallaroo;

      II.      Further notes the limitations of the inquiry being conducted by the Office for State/Local Government Relations, in particular the fact that it is dependent on information provided by the District Council of the Copper Coast; and

     III.      Therefore refers the matter of the process used by the District Council of the Copper Coast in divesting itself of Council land in Owen Terrace, Wallaroo, to the Ombudsman, under section 14 of the Ombudsman’s Act, with particular reference to -

(a)     whether all parties expressing an interest in the purchase of Council land on Owen Terrace received equal and fair consideration;

(b)    whether information provided by the Council to account for its decisions was fair, accurate and consistent;

(c)     whether any Councillors that voted on decisions of Council related to this matter had an actual or potential conflict of interest and, if they had, whether this was declared;

(d)    whether the decision of the Council on the divestment of Council land complied with the Council’s stated specifications and objectives for the divestment of the land on Owen Terrace; and

(e)     any other matter about the administration of the District Council of the Copper Coast identified in this inquiry that, in the opinion of the Ombudsman, is important to bring to the attention of the Government and the Parliament.

                 Question - That the motion be agreed to - put.

District Council of
the
Copper Coast -
Ombudsman to
Inquire into -
Motion re.

 

 

             Council divided:

Ayes, 6

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. D.G.E. Hood

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. C. Zollo

The Hon. R. P. Wortley (Teller)

 

 

40.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

41.

On the Order of the Day being read for the adjourned debate on the question -

       I.      That a Select Committee of the Legislative Council be appointed to enquire into and report upon the conduct of PIRSA in relation to issues that are affecting the livelihoods of those involved in the fishing industry and, in particular -

(a)            i.       the licence fee structure;

               ii.       cost recovery process; and

              iii.       access to right of appeal process.

(b)    The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 Pipi Quota for the lower lakes and Coorong cockle harvesters;

(c)     The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation; and

(d)    The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders.

      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.

                 The Hon. J. A. Darley moved to amend the motion by leaving out all the words after -

     “I.      That” and inserting the following -

                “the Legislative Review Committee enquire into and report upon the conduct of PIRSA in relation to issues that are affecting the livelihoods of those involved in the fishing of mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery and, in particular -

(a)            i.       the licence fee structure;

               ii.       cost recovery process for fishers; and

              iii.       access to right of appeal process.

(b)    The scientific data provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-2009 quotas for mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery;

(c)     The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation;

(d)    The rationale of determining allocation for season quota 2008-2009 and the impact that has had on individual licence holders and multiple licence holders; and

(e)     Any other relevant matter.”

                 And the Hon. C. V. Schaefer having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

PIRSA -
Appointment
of Select
Committee on -
Motion re.

 

42.

On the Order of the Day being read for the adjourned debate on the question - That the Minutes of Evidence, documents and submissions presented to the Select Committee on the Atkinson/Ashbourne/Clarke Affair be tabled:

                 The Hon. B. V. Finnigan moved - That the debate be now adjourned.

                 Question put.

Select Committee
on Atkinson/
Ashbourne/Clarke
Affair -
Motion re.

 

 

             Council divided:

Ayes, 5

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. B. V. Finnigan (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. A. M. Bressington

The Hon. R. L. Brokenshire

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

 

 

                 Question - That the motion be agreed to - put and passed.

 

 

 

                 The President tabled the Minutes of Evidence, documents and submissions presented to the Select Committee on the Atkinson/Ashbourne/Clarke Affair in accordance with the Resolution.

 

Minutes of
Evidence,
documents and
submissions tabled.

 

 

43.

Ordered - That Order of the Day (Private Business) No. 16 be discharged.

 

Business Discharged.

 

 

44.

Ordered - That Order of the Day (Private Business) No. 17 be discharged.

 

Business Discharged.

 

 

45.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 29 be Orders of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

46.

Ordered - That Order of the Day (Private Business) No. 30 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

47.

Ordered - That Orders of the Day (Private Business) No. 31 and No. 32 be Orders of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

48.

On the Order of the Day being read for the adjourned debate on the question - That this Council notes the failure of the Government’s reorganisation of disability services and policy to improve services for South Australians with a disability.

                 Question put and passed.

 

Reorganisation of
Disability Services -
Motion re.

 

49.

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

                 At fourteen minutes past eleven o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

 

50.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Natural Resources Committee on Deep Creek Revisited: A Search for Straight Answers, be noted -

                 To which the Hon. S. M. Kanck had moved after the words “be noted” to insert the words “and this Council condemns those officers of the Department of Water, Land and Biodiversity Conservation who either misled the Committee and therefore the Parliament, or who failed to provide requested information to the Committee”:

                 Debate resumed.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck be so inserted - put and negatived.

                 Question - That the motion moved by the Hon. R. P. Wortley be agreed to - put and passed.

 

Natural Resources
Committee - Report
on Deep Creek
Revisited: A Search
for Straight
Answers, be noted -
Motion re.

 

51.

On the Order of the Day being read for the adjourned debate on the question - That the Independent Commission Against Crime and Corruption Bill be now read a second time:

                 Debate resumed.

Independent
Commission Against
Crime and
Corruption Bill.

 

 

_____________________

 

And it being twelve of the clock:

THURSDAY 27 NOVEMBER 2008

_____________________

 

 

 

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 104 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Question - That the Bill be now read a third time - put and negatived.

 

 

 

52.

Ordered - That Orders of the Day (Private Business) No. 36 to No. 41 be Orders of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

53.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

Health Care
(Country Health)
Amendment Bill.

 

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Minister for Mineral Resources Development, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That the Bill do now pass.

 

 

 

54.

Ordered - That Order of the Day (Private Business) No. 43 be an Order of the Day for next Wednesday of sitting.

 

Postponement
of Business.

 

55.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Palliative Use of Cannabis) 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.

 

Controlled
Substances
(Palliative Use of
Cannabis)

Amendment Bill.

 

56.

Ordered - That Order of the Day (Private Business) No. 30, adjourned on motion, be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

57.

Ordered - That all remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

58.

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

Message No. 21

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Authorised Betting Operations Act 2000 and the Lottery and Gaming Act 1936, without any amendment.

House of Assembly, 26 November 2008.                                                            J. J. SNELLING, Speaker.

       

Statutes Amendment (Betting Operations) Bill.

 

 

Message No. 22

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Liquor Licensing Act 1997; and the Casino Act 1997, without any amendment.

House of Assembly, 26 November 2008.                                                            J. J. SNELLING, Speaker.

 

Statutes Amendment
(Power to Bar)
Amendment Bill.

 

59.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day of Sitting.

 

60.

Council adjourned at eighteen minutes past one o’clock a.m. until today at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. A. M. Bressington

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