Opening Day 2 - Parliament of South Australia · 562 Planning, Development and Infrastructure Bill. 9. Ordered -That the adjourned debate on the question That the Planning, Development

561

SOUTH AUSTRALIA]

No. 47

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

THURSDAY 3 DECEMBER 2015

1. Council met pursuant to adjournment. The President (The Hon. R. P. Wortley) took the Chair.

The President read prayers.

Meeting of Council.

2. Minister for Employment, Higher Education and Skills (The Hon. G. E. Gago), 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.

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.

3. Ordered - That Notices of Motion (Government Business) No. 1 to No. 3 and Orders of the Day

(Government Business) No. 1 to No. 11 be postponed and taken into consideration after Order

of the Day (Government Business) No. 12.

Postponement of Business.

4. On the Order of the Day being read for the adjourned debate on the question - That the Planning,

Development and Infrastructure Bill be now read a second time:

Debate resumed.

And the Minister for Employment, Higher Education and Skills having obtained leave to

conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

Planning, Development and Infrastructure Bill.

5. Ordered - That Notice of Motion (Government Business) No. 1 be an Order of the Day for next day

of sitting.


6. The Minister for Employment, Higher Education and Skills, pursuant to notice, moved - That this

Council welcomes the Hon. P. B. Malinauskas, elected by an Assembly of Members of both

Houses to replace the Hon. B. V. Finnigan, resigned.

Debate ensued.

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

The Hon. P. B. Malinauskas - Motion re.

7. Ordered - That Notice of Motion (Government Business) No. 3 be postponed and taken into

consideration after Order of the Day (Government Business) No. 12.


8. Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for

next day of sitting.


562

Planning,

Development and Infrastructure Bill.

9. Ordered - That the adjourned debate on the question - That the Planning, Development and

Infrastructure Bill be now read a second time - be now resumed.

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.

Statutes Amendment (Commonwealth Registered Entities) Bill.

10 The Minister for Employment, Higher Education and Skills, pursuant to notice, moved - That she have

leave to introduce a Bill for an Act to amend the Associations Incorporation Act 1985 and the

Collections for Charitable Purposes Act 1939.


Bill introduced and read a first time.

The Minister for Employment, Higher Education and Skills then moved - That the Bill be

now read a second time.

On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

Tattooing Industry Control Bill.

11. The Council, according to order, resolved itself into a Committee of the Whole for the consideration

of the Tattooing Industry Control Bill.

In the Committee

Clauses No. 1 to No. 30 agreed to.

Schedule 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 Employment, Higher Education and Skills, 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.


Bill read a third time.

Resolved - That this Bill do now pass.


12. Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 be postponed and taken

into consideration after Order of the Day (Government Business) No. 13.

Firearms Bill. 13. On the Order of the Day being read for the adjourned debate on the question - That the Firearms Bill

be now read a second time:

Debate resumed. Photographs Tabled.

During his second reading contribution, the Hon. R. L. Brokenshire tabled four photographs

of artillery guns.

On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed

on motion.


14. Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 and No. 14 to No. 19 be

postponed and taken into consideration after Order of the Day (Government Business) No. 20.

Motor Vehicles (Trials of Automotive Technologies) Amendment Bill.

15. The Minister for Employment, Higher Education and Skills, according to order, moved - That the

Motor Vehicles (Trials of Automotive Technologies) Amendment Bill be now read a second

time.

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

563

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

Message No. 76

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith

entitled a Bill for an Act to amend the Births, Deaths and Marriages Registration Act 1996 and

the Family and Community Services Act 1972, to which it desires the concurrence of the

Legislative Council.

House of Assembly, 3 December 2015. M. J. ATKINSON, Speaker.



Ordered - That the second reading be an Order of the Day for Wednesday, 9 December

2015.

Messages from

House of Assembly: Statutes Amendment (Rights of Foster Parents, Guardians and Kinship Carers) Bill.

Message No. 77

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith

entitled a Bill for an Act to amend the Road Traffic Act 1961, to which it desires the concurrence

of the Legislative Council.

House of Assembly, 3 December 2015. M. J. ATKINSON, Speaker.



Ordered - That the second reading be an Order of the Day for Wednesday, 9 December

2015.

Road Traffic (Issue of Free Tickets by Parking Ticket- Vending Machines) Amendment Bill.

17. Ordered - That Orders of the Day (Government Business) No. 7 to No. 11 and No. 14 to No. 18 be

postponed and taken into consideration after Order of the Day (Government Business) No. 19.


18. The Minister for Employment, Higher Education and Skills, according to order, moved - That the

Statutes Amendment (Home Detention) Bill be now read a second time.

On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

Statutes Amendment (Home Detention) Bill.

19. At seven minutes to 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.

20. The Clerk announced that the following Petitions had been lodged for presentation:

By the Hon D.G.E. Hood from 240 residents of South Australia, concerning Prospect

Development Plan 2015 and Area HC 8 Prospect Lanes. The Petitioners pray that this

Honourable House will reject the proposed HC8 Prospect Lanes policy area in the Prospect

Development Plan 2015.

Petitions: No. 6 - Prospect Development Plan 2015 and Area HC8 Prospect Lanes.

By the Hon D.G.E. Hood from 45 residents of South Australia, concerning Prospect

Development Plan 2015 and Area HC 7 North Ovingham. The Petitioners pray that this

Honourable House will call upon the State Government to -

1. Reject the proposed tripling in area of the historic conservation zones;

2. Reject the proposed HC 7 North Ovingham Policy Area; and

3. Reject proposed stringent planning rules.

No. 7 -Prospect Development Plan 2015 and Area HC7 North Ovingham.

By the Hon. R. L. Brokenshire from 60 residents of South Australia, concerning Martindale

Hall. The Petitioners pray that this Honourable House will -

1. Prevent the sale and redevelopment of Martindale Hall; and

2. Call on the Government to honour the intention of the original bequest of the

Mortlock family by ensuring that Martindale Hall remains in trust for the people.

No. 8 - Martindale Hall.

By the Hon. R. L. Brokenshire from 19 residents of South Australia, concerning the right to

farm. The Petitioners pray that this Honourable House will -

1. Immediately recognise the value and importance of farmers to the South Australian

economy and to the wider Australian economy;

2. Recognise in legislation the right to farm;

3. Create exclusion zones where prime agricultural land is protected and farmers have

the right of veto over any mining exploration that is proposed; and

4. Create an independent Mining Ombudsman with Royal Commission Inquiry powers

who can mediate and determine conflicts between farmers and miners at arm’s length

from Government.

No. 9 - Right to farm.

564

No. 10 - South

Australian Time Zone.

By the Hon. R. L. Brokenshire from 11 residents of South Australia, concerning the South

Australian Time Zone. The Petitioners pray that this Honourable House will call upon the State

Government to resist any efforts to shift the South Australian time zone to be the same as Eastern

Standard Time. No. 11 - Daylight Saving.

By the Hon. R. L. Brokenshire from 67 residents of South Australia, concerning Daylight

Saving. The Petitioners pray that this Honourable House will -

1. Resist any further extension of daylight saving hours;

2. Conduct a full and proper review of the current extension of daylight saving hours

and its impact on families and communities in the western half of South Australia;

3. Resist any efforts to shift the South Australian time zone to be the same as Eastern

Standard Time; and

4. Set a plan and timeframe to shift South Australia to true Central Standard Time being

one hour behind Eastern Standard Time.

Papers. 21. The following Papers were laid upon the Table, viz.:

By the President -

District Council Reports, 2014-2015 -

Coorong.

Elliston.

Kimba.

Loxton Waikerie.

Mount Barker.

By the Minister for Employment, Higher Education and Skills -

Reports, 2014-2015 -

Department for Correctional Services.

Electricity Industry Superannuation Scheme.

Motor Accident Commission.

Small Business Commissioner.

South Australian Fire and Emergency Services Commission.

South Australian Parliamentary Superannuation Scheme.

Community Road Safety Fund Revenue and Expenditure Report.

Report required under Section 28 of the Statutes Amendment (Courts Efficiency Reforms)

Act 2012.

South Australia’s Road Safety Strategy Annual Progress Report for 2014.

By the Minister for Employment, Higher Education and Skills on behalf of the Minister for

Sustainability, Environment and Conservation (The Hon. I. K. Hunter) -

Report, 2013 -

Maternal, Perinatal and Infant Mortality in South Australia.

Reports, 2014-2015 -

Adelaide Festival Centre.

Adelaide Film Festival.

Art Gallery of South Australia.

Australian Children’s Education and Care Quality Authority.

Carclew.

Central Adelaide Local Health Network.

Central Adelaide Local Health Network Health Advisory Council Inc.

Chief Psychiatrist of South Australia.

Child Death and Serious Injury Review Committee.

Department for Communities and Social Inclusion.

Education and Early Childhood Services Registration and Standards Board of South

Australia.

History Trust of South Australia.

JamFactory Contemporary Craft and Design Inc.

Libraries Board of South Australia.

National Education and Care Services.

Northern Adelaide Local Health Network Health Advisory Council Inc.

Principal Community Visitor.

South Australian Abortion Reporting Committee.

South Australian Multicultural and Ethnic Affairs Commission.

565

South Australian Museum.

State Theatre Company of South Australia.

Tandanya - National Aboriginal Cultural Institute.

The State Opera of South Australia.

Women’s and Children’s Health Network.

Women’s and Children’s Health Network Health Advisory Council Inc.

By The Minister for Employment, Higher Education and Skills on behalf of the Minister for

Manufacturing and Innovation (The Hon. K. J. Maher) -

Reports, 2014-2015 -

Across Government Asbestos Risk Reduction.

ANZAC Day Commemoration Council.

The Minister for Employment, Higher Education and Skills tabled a copy of a Ministerial Statement

made by the Minister for Disabilities (The Hon. A. Piccolo, M.P.) concerning International Day

of People with Disability.

Ministerial Statement Tabled.

Ordered - That the adjourned debate on the question - That the Firearms Bill be now read a second

time - be now resumed.

Debate resumed.



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 and No. 2 agreed to.

Clause No. 3 read.

The Hon. T. J. Stephens moved on page 6, lines 3 and 4, to leave out paragraph (a) and

insert the following:

“(a) to confirm that firearm possession and use is subject to the overriding need to ensure

public safety; and”.

Question - That the amendment be agreed to - put.

Firearms Bill.

Committee divided:

Ayes, 8

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. S. Lee

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens (Teller)

So it was resolved in the affirmative.

Noes, 7

The Hon. T. A. Franks

The Hon. J. M. Gazzola

The Hon. P. B. Malinauskas

The Hon. T. T. Ngo

The Hon. M. C. Parnell

The Hon. K. L. Vincent

The Hon. G. E. Gago (Teller)

Clause No. 3, as amended, agreed to.

Clause No. 4 read.

The Hon. T. J. Stephens moved on page 7, line 3, to leave out “live primers, propellants

and”.

Question - That the amendment be agreed to - put.

Committee divided:

Ayes, 8





The Hon. J. S. Lee

The Hon. A. L. McLachlan


The Hon. T. J. Stephens (Teller)

So it was resolved in the affirmative.

Noes, 7




The Hon. T. T. Ngo



The Hon. G. E. Gago (Teller)

566

Clause No. 4 as amended, and otherwise amended, agreed to.


Clause No. 8 read.

The Hon. R. L. Brokenshire moved on page 17, line 14, to leave out “adult”.

Question - That the amendment be agreed to - put and negatived.

Clause No. 8, as otherwise amended, agreed to.


Clause No. 39 read.

The Hon. T. J. Stephens moved on page 47, after line 28, to insert the following:

“(ba) that—

(i) the person intends to possess or use the sound moderator for the purpose

of culling or destroying feral pests; and

(ii) there is a genuine need for the person to use the sound moderator for that

purpose; and

(iii) there is no reasonable alternative to the use of the sound moderator by the

person for the purpose, or in the circumstances, for which the approval is

to be given; or”.

Question - That the amendment be agreed to - put and negatived.

Clause No. 39 agreed to.


Clause No. 48 amended and agreed to.






Schedule read.

The Hon. R. L. Brokenshire moved on page 86, after line 34 - That it be a suggestion to the

House of Assembly to amend the Schedule by inserting the following:

“(2a) If—

(a) during the transition period, a person surrenders to the Registrar a device

that is a firearm within the meaning of this Act but was not a firearm

within the meaning of the repealed Act; and

(b) the person was in lawful possession of the device before the

commencement of this clause; and

(c) the Registrar is satisfied that any application by the person in order to

obtain the necessary authority to possess the firearm would have been

granted under this Act,

the Registrar must, subject to conditions approved by the Minister, pay

compensation in respect of the surrendered firearm.

(2b) Compensation payable under subclause (2a)—

(a) is to be of an amount equal to the market value of the firearm at the time

of its surrender; and

(b) must be paid from the Consolidated Account which is appropriated by

this clause to the necessary extent.”.

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

Schedule, as otherwise amended, agreed to.

Title agreed to.

_____________________


and had agreed to the same with amendments; whereupon the Council adopted such report.







567

24. Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be postponed and taken

into consideration after Order of the Day (Government Business) No. 9.

Postponement

of Business.

25. On the Order of the Day being read for the adjourned debate on the question - That the Community

Based Sentences (Interstate Transfer) Bill be now read a second time:

Debate resumed.



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


Title agreed to.

_____________________


and had agreed to the same without amendment; whereupon the Council adopted such report.







Community Based Sentences (Interstate Transfer) Bill.

26. Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for

next day of sitting.


27. On the Order of the Day being read for the adjourned debate on the question - That the Tobacco

Products Regulation (Artistic Performances) Amendment Bill be now read a second time:

Debate resumed.

On motion of the Hon. T. T. Ngo, the debate was adjourned until next day of sitting.

Tobacco Products Regulation (Artistic Performances) Amendment Bill.

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

day of sitting.


29. Ordered - That the Council, at its rising, do adjourn until Tuesday, 8 December 2015, at fifteen

minutes past ten o’clock a.m.

Next Day of Sitting.

30. Council adjourned at twenty-nine minutes past five o’clock until Tuesday, 8 December 2015, at fifteen

minutes past ten o’clock a.m.

Adjournment.

_________________________

Members present during any part of the sitting:





The Hon. G. E. Gago



The Hon. G. A. Kandelaars

The Hon. J. S. Lee

The Hon. R. I. Lucas


The Hon. A. L. McLachlan

The Hon. T. T. Ngo



The Hon. T. J. Stephens


Member absent on leave - The Hon. J.M.A. Lensink

568

NOTICES AND ORDERS OF THE DAY

___________

TUESDAY 8 DECEMBER 2015

Council meets at 10.15 a.m.

Orders of the Day: Government Business -

†*1. Child Development and Wellbeing Bill (No. 7): in Committee.

††*2. Parliamentary Committees (Electoral Laws and Practices Committee) Amendment Bill (No. 14):

consideration in Committee of Message No. 7 from the House of Assembly.

*3. Children’s Protection (Implementation of Coroner’s Recommendations) Amendment Bill (No. 37):

adjourned debate on second reading - (June 4, 30, October 15) - (The Hon. J.S.L. Dawkins).

*4. Compulsory Third Party Insurance Regulation Bill (No. 57): in Committee - clause 1 - (November 17).

*5. Summary Offences (Biometric Identification) Amendment Bill (No. 63): in Committee - clause 1 -

(November 17).

*6. Surveillance Devices Bill (No. 74): in Committee - reconsidered clause 3 - (December 2).

7. Local Government (Stormwater Management Agreement) Amendment Bill (No. 77): adjourned debate

on second reading - (October 28) - (The Hon. J.S.L. Dawkins).

*8. Tobacco Products Regulation (Artistic Performances) Amendment Bill (No. 79): adjourned debate on

second reading - (November 18, December 3) - (The Hon. T. T. Ngo).

9. Dog and Cat Management (Miscellaneous) Amendment Bill (No. 80): adjourned debate on second

reading - (November 18) - (The Hon. T. J. Stephens).

*10. Planning, Development and Infrastructure Bill (No. 81): in Committee.

*11. Port Pirie Racecourse Site Amendment Bill (No. 83): adjourned debate on second reading -

(December 2) - (The Hon. T. J. Stephens).

*12. Youth Justice Administration Bill (No. 84): adjourned debate on second reading - (December 2) - (The

Hon. T. J. Stephens).

*13. Health Care (Miscellaneous) Amendment Bill (No. 85): adjourned debate on second reading -


*14. Government House Precinct Land Dedication Bill (No. 86): adjourned debate on second reading -

(December 1) - (The Hon. J.S.L. Dawkins).

15. Local Nuisance and Litter Control Bill (No. 90): adjourned debate on second reading - (December 2) -

(The Hon. D. W. Ridgway).

*16. Statutes Amendment (Home Detention) Bill (No. 91): adjourned debate on second reading -


*17. Motor Vehicles (Trials of Automotive Technologies) Amendment Bill (No. 92): adjourned debate on

second reading - (December 3) - (The Hon. J.S.L. Dawkins).

569

18. Statutes Amendment (Commonwealth Registered Entities) Bill (No. 93): adjourned debate on second

reading - (December 3) - (The Hon. T. J. Stephens).

19. The Minister for Sustainability, Environment and Conservation to move - That this Council requests His

Excellency The Governor to make a proclamation under section 30(2) of the National Parks and Wildlife

Act 1972, excluding Allotments 104 and 105 in approved Plan No. DP28853, Hundred of Fisk, lodged in

the Lands Titles Registration Office at Adelaide, from the Ngarkat Conservation Park.

___________

WEDNESDAY 9 DECEMBER 2015

Notice of Motion: Private Business -

1. The Hon. T. A. Franks to move - That this Council -

I. Expresses its support for Radio Adelaide, and notes that Adelaide will be markedly worse off if it

we were to be lost;

II. Notes that The University of Adelaide showed tremendous vision in founding and supporting Radio

Adelaide, the first community radio station in Australia, and that it has been a key part of South

Australia's public life for 43 years;

III. Notes a very large number of journalists, media and creative professionals, and musicians, have

received training and experience from Radio Adelaide, and the station is critical in supporting these

industries;

IV. Notes that Radio Adelaide provides a diverse range of communities with unique access to the

airwaves, including the music industry, the arts, ethnic and multicultural communities, educational

bodies and many others;

V. Notes that Radio Adelaide has provided fantastic opportunities for South Australian youth to gain

working media experience and contribute to a vibrant creative arts environment in Adelaide;

VI. Notes that Radio Adelaide reduces the ‘brain drain’ of young people leaving Adelaide to seek

opportunities elsewhere; and

VII. Notes that Radio Adelaide focuses on South Australian issues, stories and music in an environment

where this is particularly important given the shrinking Adelaide media sector.

Orders of the Day: Private Business -

1. Farm Debt Mediation Bill (No. 87): adjourned debate on second reading - (December 2) - (The Hon. G. A.

Kandelaars)8.

2. Adjourned debate on motion of the Hon. T. A. Franks - That the Report of the Joint Committee on the

Operation of the Transplantation and Anatomy Act 1983, be noted - (December 2) - (The Hon.

K. L. Vincent).

3. Adjourned debate on motion of the Hon. S. G. Wade - That the Interim Report of the Select Committee on

Transforming Health be noted - (December 2) - (The Hon. T. A. Franks).

4. Adjourned debate on motion of the Hon. G. A. Kandelaars - That the Report of the Statutory Authorities

Review Committee on its Inquiry into the State Procurement Board of South Australia, be noted -


5. Resource Operations Ombudsman Bill (No. 88): adjourned debate on second reading - (December 2) -

(The Hon. J. M. Gazzola)7.

6. The Hon. G. A. Kandelaars to move - That the Regulations under the Road Traffic Act 1961 concerning

Road Rules - Ancillary and Miscellaneous Provisions, made on 8 October 2015 and laid on the Table of

this Council on 13 October 2015, be disallowed.

570

7. The Hon. G. A. Kandelaars to move - That the Miscellaneous Regulations under the Road Traffic Act 1961,

made on 8 October 2015 and laid on the Table of this Council on 13 October 2015, be disallowed.

8. The Hon. G. A. Kandelaars to move - That the Regulations under the Motor Vehicles Act 1959 concerning

Demerit Points, made on 8 October 2015 and laid on the Table of this Council on 13 October 2015, be

disallowed.

9. Adjourned debate on motion of the Hon. J.S.L. Dawkins - That the Interim Report of the Natural Resources

Committee on its Inquiry into Unconventional Gas (Fracking), be noted - (November 18) - (The Hon. J.

M. Gazzola).

10. Adjourned debate on motion of the Hon. J. A. Darley - That the Report of the Occupational Safety,

Rehabilitation and Compensation Committee, 2014-2015, be noted - (November 18) - (The Hon.

J. M. Gazzola).

11. Adjourned debate on motion of the Hon. J. A. Darley - That the Regulations under the Road Traffic Act

1961 concerning Road Rules - Ancillary and Miscellaneous Provisions, made on 8 October 2015 and laid

on the Table of this Council on 13 October 2015, be disallowed - (October 28) - (The Hon.

G. A. Kandelaars).

12. Adjourned debate on motion of the Hon. J. A. Darley - That the Regulations under the Motor Vehicles Act

1959 concerning Demerit Points, made on 8 October 2015 and laid on the Table of this Council on 13

October 2015, be disallowed - (October 28) - (The Hon. G. A. Kandelaars).

13. Adjourned debate on motion of the Hon. J. A. Darley - That the Miscellaneous Regulations under the Road

Traffic Act 1961, made on 8 October 2015 and laid on the Table of this Council on 13 October 2015, be

disallowed - (October 28) - (The Hon. G. A. Kandelaars).

14. Standard Time (Alteration of Standard Time) Amendment Bill (No. 76): adjourned debate on second

reading - (October 28) - (The Hon. T. J. Stephens)7.

15. The Hon. D. W. Ridgway to move - That the Regulations under the Road Traffic Act 1961 concerning

Road Rules - Ancillary and Miscellaneous Provisions, made on 8 October 2015 and laid on the Table of

this Council on 13 October 2015, be disallowed.

16. The Hon. D. W. Ridgway to move - That the Regulations under the Motor Vehicles Act 1959 concerning

Demerit Points, made on 8 October 2015 and laid on the Table of this Council on 13 October 2015, be

disallowed.

17. The Hon. D. W. Ridgway to move - That the Miscellaneous Regulations under the Road Traffic Act 1961,

made on 8 October 2015 and laid on the Table of this Council on 13 October 2015, be disallowed.

18. Adjourned debate on motion of the Hon. J.M.A. Lensink - That this Council urges the Attorney-General

to -

I. Refer the death of Graziella Dailler, who died on or about 15 May 2014, to the Coroner for a

Coronial Inquest; and

II. Request an inquiry into all the circumstances leading up to Graziella Dailler’s death, including but

not limited to -

(a) ascertaining the actual date of death;

(b) identifying the cause of death;

(c) identifying the circumstances of the alleged killing by Don Muir and his death;

(d) identification and assessment of the involvement of agencies, including SA Police, prior to the

deaths;

(e) identification and assessment of the response of agencies, including SA Police, after receiving

notification that Graziella Dailler was missing and at risk of harm; and

(f) any other circumstance that contributed to the death of Graziella Dailler - (October 14) - (The

Hon. J. M. Gazzola).

571

19. Adjourned debate on motion of the Hon. S. G. Wade - That the Interim Report of the Select Committee on

Statutory Child Protection and Care in South Australia, be noted - (October 28) - (The Hon. K. L. Vincent).

20. Criminal Law Consolidation (Protection for Assistance Animals) Amendment Bill (No. 69): adjourned

debate on second reading - (October 14) - (The Hon. J.S.L. Dawkins)3.

21. Adjourned debate on motion of the Hon. J.M.A. Lensink - That this Council -

I. Commends the work of No FGM Australia in raising the awareness of the health and other risks to

Australian women and girls of the illegal practice of female genital mutilation and its concerns that

-

(a) there is a lack of awareness among Australian health and child protection professionals about

FGM;

(b) no data is collected about prevalence of FGM in South Australian residents; and

(c) girls most at risk of FGM are those who come from FGM affected communities and that in

Australia, three girls a day are in the high risk category;

II. Notes that the World Health Organisation has described FGM as a violation of the human rights of

girls and women and constitutes an extreme form of discrimination against women;

III. Notes that FGM has no health benefits and can cause severe urinary, fertility and childbirth

complications;

IV. Notes the Review and Recommendations of the Australian Government’s 2013 Review of

Australia’s Female Genital Mutilation Legal Framework Final Report; and

V. Notes that Australia’s first FGM prosecution is taking place in New South Wales for alleged

offences on two young girls who were at the time aged only seven years old - (October 14) - (The

Hon. G. A. Kandelaars).

22. Adjourned debate on motion of the Hon. T. A. Franks - That this Council -

I. Recognises that the first week of October each year has been declared as the Borderline Personality

Disorder Awareness Week; and

II. Acknowledges that the Australian Borderline Personality Disorder Foundation, through ongoing

advocacy from Ms. Janne McMahon, OAM, Dr. Martha Kent and Associate Professor Andrew

Chanen, has been fundamental in promoting understanding of the disorder in the community and

working towards better treatment options and quality of life for those affected by the disorder -

(October 14) - (The Hon. T. J. Stephens).

23. Adjourned debate on motion of the Hon. T. T. Ngo - That the Report of the Aboriginal Lands Parliamentary

Standing Committee, 2014-2015, be noted - (September 23) - (The Hon. T. J. Stephens).

24. Statutes Amendment (Public Sector Audit) Bill (No. 59): adjourned debate on second reading -

(September 23) - (The Hon. T. J. Stephens)9.

25. Eggs (Display for Retail Sale) Bill (No. 60): adjourned debate on second reading - (September 23) - (The

Hon. T. J. Stephens)5.

26. Electoral (Legislative Council) (Optional Preferential Voting) Amendment Bill (No. 61): adjourned debate

on second reading - (September 23) - (The Hon. M. C. Parnell)6.

27. The Hon. R. I. Lucas to move - That the Report on the Operations of the Budget and Finance Committee,

2014-2015, be noted.

28. Adjourned debate on motion of the Hon. M. C. Parnell -

I. That this Council notes -

(a) The ongoing international concern over the destruction of 90% of Sarawak’s primary

rainforest over the last three decades in what former United Kingdom Prime Minister, Gordon

Brown, described as “probably the biggest environmental crime of our times”;

(b) The central role of the Governor and former Chief Minister of Sarawak, Taib Mahmud, in that

destruction;

(c) The links between Taib Mahmud and South Australia, including -

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(i) the awarding to him of an honorary doctorate by the University of Adelaide and

naming part of the University’s North Terrace campus in his honour as the “Taib

Mahmud, Chief Minister of Sarawak Court” in response to significant donations to

the University;

(ii) the ownership of the Adelaide Hilton Hotel by members of Taib Mahmud’s family;

II. That this Council calls on the South Australian Government to -

(a) investigate alleged money laundering activity in South Australia as identified in the Report

entitled “THE ADELAIDE HILTON CASE; How a Malaysian politician’s family laundered

$30 million in South Australia” produced by Swiss-based environmental organisation, the

Bruno Manser Fund, and launched in Adelaide on 9 September 2015;

(b) freeze all assets owned by Taib family members in South Australia, consistent with South

Australia’s unexplained wealth legislation, where no credible explanation for the lawful origin

of that wealth can be given, with a view to providing restitution to the people of Sarawak;

(c) refer this matter to appropriate Federal Government and law enforcement agencies; and

III. That this Council calls on the University of Adelaide to -

(a) fully disclose all donations received from Taib Mahmud or his family and all contractual

obligations arising from those donations;

(b) rename the “Taib Mahmud, Chief Minister of Sarawak Court” and bestow naming honours

on a more appropriate and worthy University alumnus - (September 9) - (The Hon. T. T. Ngo).

29. Fisheries Management (Fish Processors) Amendment Bill (No. 50): adjourned debate on second reading -

(September 9) - (The Hon. J.S.L. Dawkins)9.

30. Adjourned debate on motion of the Hon. R. L. Brokenshire - That the Budget and Finance Committee, as a

matter of priority -

I. Calls as witnesses the Chief Executive Officers of major Government Departments and seeks

information as to why Government Departments owe business $1 billion in unpaid accounts; and

II. Ascertains whether such non-payment is Government policy or results from mismanagement,

incompetence or budget reductions - (September 9) - (The Hon. G. A. Kandelaars).

31. Adjourned debate on motion of the Hon. G. A. Kandelaars - That the Report of the Crime and Public Integrity

Policy Committee on its Annual Review into Public Integrity and the Independent Commissioner Against

Corruption, be noted - (July 1, October 14) - (The Hon. J.S.L. Dawkins).

32. Adjourned debate on motion of the Hon. D. W. Ridgway -

I. That a Select Committee of the Legislative Council be established to investigate wind farm

developments in South Australia, with the following terms of reference -

(a) Separation distances between wind turbines and residences or communities;

(b) The social, health and economic impacts of wind generators on individual landholders,

communities and the State;

(c) The need for a peer-reviewed, independent academic study on the social, health and

economic impacts of wind generators;

(d) The capacity of existing infrastructure to cope with increased wind power;

(e) The costs and benefits of wind power in South Australia;

(f) The environmental impacts of wind generators and wind power generally;

(g) The siting of wind generators in South Australia;

(h) The approval process of wind farms in South Australia;

(i) The preparation of the State Wind Farm DPA;

(j) An assessment of the impact of wind farm developments on property values; and

(k) Any other matter the Committee deems relevant.

II. That the Committee consist of three Members and that the quorum of Members necessary to be

present at all meetings of the Committee be fixed at two Members and that Standing Order No.

389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote

only.

III. That this Council permits the Select Committee to authorise the disclosure or publication, as it

sees fit, of any evidence or documents presented to the Committee prior to such evidence being

presented to the Council.

IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select

Committee is examining witnesses unless the Committee otherwise resolves, but they shall be

excluded when the Committee is deliberating.

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V. That the evidence and submissions given to the previous Legislative Council Select Committee

on Wind Farm Developments in South Australia be tabled and referred to the Select Committee -

(July 1) - (The Hon. T. J. Stephens).

33. The Hon. M. C. Parnell to move - That the Regulations under the Primary Produce (Food Safety Schemes)

Act 2004 concerning the Dairy Industry, made on 23 April 2015 and laid on the Table of this Council on

5 May 2015, be disallowed.

34. The Hon. D.G.E. Hood to move - That this Council -

I. Notes that paying for sex is now a criminal act under the newly enacted Human Trafficking and

Exploitation Act 2015 in Northern Ireland; and

II. Congratulates the Parliament of Northern Ireland on advancing this private member’s bill in an

effort to combat human trafficking and act as a deterrent for would be traffickers.

35. Adjourned debate on motion of the Hon. J.M.A. Lensink - That the Legislative Council requests the

Environment, Resources and Development Committee to inquire into and report on waste management

policies in South Australia, with particular reference to -

I. The efficacy of the solid waste levy in providing equitable encouragement of resource recovery

compared to landfilling or stockpiling of materials;

II. The adequacy of regulatory and legislative powers within the Environment Protection Act 1993 to

manage the waste sector, including licence enforcement and current penalties;

III. Best practice methods in the resource recovery and waste sectors;

IV. Minimisation of hazardous risks in the resource recovery and waste sectors;

V. Relevant themes from the 2015 EPA/ZWSA Waste Summit which will inform this inquiry; and

VI. Any other matter - (June 3) - (The Hon. J. M. Gazzola).


I. Supports marriage equality; and

II. Calls on the Parliament of the Commonwealth of Australia to amend the Marriage Act 1961 (Cth)

to provide for marriage equality - (June 17) - (The Hon. J. S. Lee).

37. Local Government (Elections) (Disclosure of Political Affiliation) Amendment Bill (No. 36): adjourned

debate on second reading - (June 3) - (The Hon. G. A. Kandelaars)7.

38. Right to Farm Bill (No.89): adjourned debate on second reading - (December 2) - (The Hon.

G. A. Kandelaars)7.

39. Motor Vehicles (Demerit Points for Disability Parking Area Offence) Amendment Bill (No. 28): adjourned

debate on second reading - (May 6) - (The Hon. J. M. Gazzola)4.

40. Animal Welfare (Jumps Racing) Amendment Bill (No. 19): adjourned debate on second reading -

(March 25) - (The Hon. J. A. Darley)5.

41. Liquor Licensing (Entertainment) Amendment Bill (No. 20): adjourned debate on second reading - (March

25) - (The Hon. J.S.L. Dawkins)5.

42. Freedom of Information (Miscellaneous) Amendment Bill (No. 22): adjourned debate on second reading -

(March 25) - (The Hon. J.M.A. Lensink)6.


I. Acknowledges the extraordinary work of The Jam, The Mix, The Gig (The JMG) - a longstanding

and successful community arts mental health program;

II. Notes The JMG’s previous shared funding arrangement via the SA Mental Health and Substance

Abuse program and Arts SA’s Arts Organisations (Disability) Program;

III. Notes with concern that The JMG’s application for funding through Arts SA has not been renewed;

and

IV. Calls on the Government to work with stakeholders including Arts SA to explore alternative

funding pathways to ensure that The Jam, The Mix, The Gig (The JMG) can continue this important

program - (March 18) - (The Hon. J.S.L. Dawkins).

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44. Electoral (Legislative Council Voting Thresholds) Amendment Bill (No. 10): adjourned debate on second

reading - (February 25) - (The Hon. J.M.A. Lensink)3.

45. Animal Welfare (Greyhound Training) Amendment Bill (No. 11): adjourned debate on second reading -

(February 25) - (The Hon. T. J. Stephens)1.

†46. Animal Welfare (Companion Animals) Amendment Bill (No. 1): in Committee1.

*47. Statutes Amendment (Rights of Foster Parents and Guardians) Bill (No. 94): second reading11.

*48. Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Bill (No. 95):

second reading11.

___________

TUESDAY 22 MARCH 2016

Notice of Motion: Government Business -

1. The Minister for Sustainability, Environment and Conservation to move - That this Council requests His

Excellency The Governor to make a proclamation under section 33(3) of the National Parks and Wildlife

Act 1972 to abolish the Para Wirra Recreation Park.

___________

WEDNESDAY 6 JULY 2016

1. Select Committee on Statutory Child Protection and Care in South Australia: Report to be brought up.

2. Select Committee on State Government Owned Land at Gillman: Report to be brought up.

3. Select Committee on Electoral Matters in South Australia: Report to be brought up.

4. Budget and Finance Committee: Report to be brought up.

5. Select Committee on Emergency Services Reform: Report to be brought up.

6. Select Committee on Skills for All Program: Report to be brought up.

7. Select Committee on Access to the South Australian Education System for Students with Disabilities:

Report to be brought up.

8. Select Committee on State Government’s O-Bahn Access Project: Report to be brought up.

9. Select Committee on Compulsory Acquisition of Properties for North-South Corridor Upgrade: Report to

be brought up.

10. Statutes Amendment (Decriminalisation of Sex Work) Bill (No. 44): Report of Select Committee to be

brought up.

11. Select Committee on Transforming Health: Report to be brought up.

___________

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Contingent Notice of Motion -

w1. Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Minister for

Employment, Higher Education and Skills to move - That the Standing Orders be so far suspended as to

enable the Bill to pass through the remaining stages without delay.

J. M. DAVIS, Clerk of the Legislative Council.

†Restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934. ††Restored to the Notice Paper in House of Assembly.

*Received from House of Assembly.

Member in charge of Bill - 1Hon. J.M.A. Lensink

2Hon. J.S.L. Dawkins

3Hon. D.G.E. Hood

4Hon. K. L. Vincent

5Hon. T. A. Franks

6Hon. M. C. Parnell

7Hon. R. L. Brokenshire

8Hon. D. W. Ridgway

9Hon. J. A. Darley

10Hon. A. L. McLachlan

11Hon. J. S. Lee

Documents

Opening Day 2 - Parliament of South Australia · 562 Planning, Development and Infrastructure Bill. 9. Ordered -That the adjourned debate on the question That the Planning, Development