SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  OCTOBER  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 Hon. J. M. Gazzola brought up the Sixth Report, 2008, of the Legislative Review Committee.

 

Legislative Review
Committee -
Sixth Report, 2008.

 

    3.

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

        By the Minister for Mineral Resources Development (The Hon. P. Holloway) -

                 Reports, 2007-2008 -

                          Director of Public Prosecutions.

                          Guardianship Board.

                          Office of the Public Advocate.

                          River Murray Act 2003.

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

                 HomeStart Finance - Report, 2007-2008.

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

                 Reports, 2007-2008 -

                          Administration of the State Records Act 1997.

                          Upper South East Dryland Salinity and Flood Management Act 2002.

 

Papers.

   4.

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

 

Statements on
Matters of Interest.

   5.

Ordered - That Notices of Motion (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

    6.

Ordered - That Notices of Motion (Private Business) No. 5 and No. 6 be postponed and taken into consideration after Notice of Motion (Private Business) No. 7.

 

Postponement
of Business.

    7.

The Hon. D.G.E. Hood, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 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. I. K. Hunter, the debate was adjourned until Wednesday, 12 November 2008.

 

Criminal Law Consolidation (Aggravated Offences) Amendment Bill.

   8.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Regulations under the Development Act 1993 concerning Heated Water Services, made on 26 June 2008 and laid on the Table of this Council on 22 July 2008, be disallowed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 12 November 2008.

 

Development Act -
Regulations -
Heated Water
Services - Motion
for Disallowance of.

   9.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Regulations under the Waterworks Act 1932 concerning Variation, made on 19 June 2008 and laid on the Table of this Council on 22 July 2008, be disallowed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 12 November 2008.

 

Waterworks Act -
Regulations -
Variation - Motion
for Disallowance of.

  10.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Coroners Act 2003.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck 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, 12 November 2008.

 

Coroners
(Recommendations)
Amendment Bill.

11.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council -

    I.      Notes the continuing concern by many Wallaroo residents about the sale of Council-owned land to Leasecorp and the serious allegations raised both publicly and in confidence about the fairness of the process by which this sale was conducted;

   II.      Notes that the Minister for State/Local Government Relations is conducting an investigation into the District Council of the Copper Coast;

III.      Calls on the Minister for State/Local Government Relations to ensure that her investigation of these complaints is wide-ranging and thorough and includes the collection of evidence from the various parties who have either publicly or privately made serious allegations about the conduct of Council; and

IV.      Recognises that emphasis in the Ombudsman’s Act on complainants who are directly impacted by an administrative decision limits the ability of the Ombudsman to investigate, in the public interest, concerns about maladministration in local government.

                 On motion of the Hon. J. M. Gazzola the debate was adjourned until Wednesday, 12 November 2008.

 

District Council of the Copper Coast - Motion re.

12.

Ordered - That Notice of Motion (Private Business) No. 10 be an Order of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

  13.

The Hon. M. C. Parnell, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electricity Act 1996.

                 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. J. M. Gazzola, the debate was adjourned until Wednesday, 12 November 2008.

 

Electricity
(Feed-In Rates)
Amendment Bill.

14.

Ordered - That Notice of Motion (Private Business) No. 12 be an Order of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Environment, Resources and Development Committee on Natural Burial Grounds, be noted:

                 Debate resumed.

                 Question put and passed.

 

Environment,
Resources and
Development
Committee - Report
on Natural Burial
Grounds, be noted -
Motion re.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Natural Resources Committee 2007-2008, be noted:

                 Debate resumed.

                 Question put and passed.

 

Natural Resources
Committee - Report
2007-08, be noted -
Motion re.

 

18.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 9 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

19.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 12 November 2008.

 

Local Government
(Miscellaneous)
Amendment Bill.

 

20.

Ordered - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Interim Report of the Select Committee on Proposed Sale and Redevelopment of the Glenside Hospital Site be noted:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 12 November 2008.

 

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

22.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 19 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutory Authorities Review Committee inquire into and report on the effectiveness of the Teachers Registration Board in the exercise of its functions and powers with respect to -

    I.      The Welfare and best interests of children as its primary consideration in the performance of its functions;

   II.      The manner and process by which it ensures that a teacher registration system and professional standards are maintained to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children;

III.      The composition of the Board;

IV.      The manner and process by which evidence is gathered and presented to the Board, including the representation of parties to proceedings;

   V.      The relationship between the Department of Education and Children’s Services and the Board; and

VI.      Any other relevant matters.

                 Debate resumed.

                 Question put and passed.

 

Teachers
Registration Board -
Statutory
Authorities Review
Committee
to report on -
Motion re.

24.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 25 be Orders of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

25.

The following Message from the House of Assembly was received and read:

Message No. 11

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Summary Offences (Indecent Filming) Amendment Bill, without amendment.

House of Assembly, 29 October 2008.                                                                J. J. SNELLING, Speaker.

 

Message from
House of Assembly:
Summary Offences
(Indecent Filming)
Amendment Bill.

26.

At three 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.

 

27.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Piercing and Scarification) 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, 12 November 2008.

 

Summary Offences
(Piercing and
Scarification)
Amendment Bill.

28.

Ordered - That Order of the Day (Private Business) No. 27 be postponed and taken into consideration on motion.

 

Postponement
of Business.

29.

Ordered - That Order of the Day (Private Business) No. 28 be an Order of the Day for Wednesday, 12 November 2008.

 

Postponement
of Business.

30.

Ordered - That the adjourned debate on the question - That the Health Care (Country Health) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.M.A. Lensink the debate was adjourned until Wednesday, 12 November 2008.

 

Health Care
(Country Health)
Amendment Bill.

31.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

32.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Long Service Leave (Unpaid Leave) 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.

 

In the Committee

 

                          Clauses No. 1 to No. 4 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 Correctional Services, 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.

 

Long Service Leave
(Unpaid Leave)
Amendment Bill.

34.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Water (Commonwealth Powers) 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.

 

Water
(Commonwealth
Powers) Bill.

36.

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

                 Debate resumed.

                 On motion of the Hon. R. P. Wortley, the debate was adjourned until next day of sitting.

 

Gene Technology
(Miscellaneous)
Amendment Bill.

37.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Murray-Darling Basin Bill be now read a second time:

                 Debate resumed.

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 12 November 2008.

 

Murray-Darling
Basin Bill.

39.

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

 

Postponement
of Business.

40.

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

 

Next Day of Sitting.

41.

Council adjourned at nine minutes to eleven o’clock until tomorrow 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