<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2010-11-24" />
  <sessionName>Fifty-Second Parliament, First Session (52-1)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="1593" />
  <endPage num="1789" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Motions</name>
    <subject>
      <name>Desalination Plant Project</name>
      <text id="2010112474ba360e5ed440d1b0002571">
        <heading>DESALINATION PLANT PROJECT</heading>
      </text>
      <text id="2010112474ba360e5ed440d1b0002572">Adjourned debate on motion of Hon. T.A. Franks:</text>
      <text id="2010112474ba360e5ed440d1b0002573">
        <inserted>1.&amp;#x9;That a select committee of the Legislative Council be appointed to inquire into and report upon the Lonsdale-based Adelaide desalination plant project including the following matters:</inserted>
      </text>
      <text id="2010112474ba360e5ed440d1b0002574">
        <item sublevel="3">
          <inserted>(a)&amp;#x9;the management and administration of the project;</inserted>
        </item>
      </text>
      <text id="2010112474ba360e5ed440d1b0002575">
        <item sublevel="3">
          <inserted>(b)&amp;#x9;the procedures and practices with regard to workplace safety;</inserted>
        </item>
      </text>
      <text id="2010112474ba360e5ed440d1b0002576">
        <item sublevel="3">
          <inserted>(c)&amp;#x9;the related matters of worker deaths and injuries; and</inserted>
        </item>
      </text>
      <text id="2010112474ba360e5ed440d1b0002577">
        <item sublevel="3">
          <inserted>(d)&amp;#x9;any other relevant matter.</inserted>
        </item>
      </text>
      <text id="2010112474ba360e5ed440d1b0002578">
        <inserted>2.&amp;#x9;That standing order No. 389 be so far suspended as to enable the chairperson of the committee to have a deliberative vote only.</inserted>
      </text>
      <text id="2010112474ba360e5ed440d1b0002579">
        <inserted>3.&amp;#x9;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.</inserted>
      </text>
      <text id="2010112474ba360e5ed440d1b0002580">
        <inserted>4.&amp;#x9;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.</inserted>
      </text>
      <text id="2010112474ba360e5ed440d1b0002581">(Continued from 27 October 2010.)</text>
      <talker role="member" id="605" kind="speech">
        <name>The Hon. R.I. LUCAS</name>
        <house>Legislative Council</house>
        <startTime time="2010-11-24T17:09:00" />
        <text id="2010112474ba360e5ed440d1b0002582">
          <timeStamp time="2010-11-24T17:09:00" />
          <by role="member" id="605">The Hon. R.I. LUCAS (17:09):</by>  I rise briefly to support the motion from the Hon. Tammy Franks to establish a select committee to inquire into the desal plant. In doing so, I move to amend the motion, as follows:</text>
        <text id="2010112474ba360e5ed440d1b0002583">
          <inserted>Paragraph 1(a)—Leave out this paragraph and insert new paragraph 1(a)—</inserted>
        </text>
        <text id="2010112474ba360e5ed440d1b0002584">
          <item sublevel="2">
            <inserted>(a)&amp;#x9;the management and administration of the project, including all issues relating to the cost and financing of this project;</inserted>
          </item>
        </text>
        <text id="2010112474ba360e5ed440d1b0002585">
          <inserted>Paragraph 1(b)—Leave out this paragraph and insert new paragraph 1(b)—</inserted>
        </text>
        <text id="2010112474ba360e5ed440d1b0002586">
          <item sublevel="2">
            <inserted>(b)&amp;#x9;the procedures and practices used to deliver the project, including those with regard to workplace safety;</inserted>
          </item>
        </text>
        <text id="2010112474ba360e5ed440d1b0002587">
          <inserted>Paragraph 2—At the beginning of the paragraph insert before 'That standing order no. 389' the words—</inserted>
        </text>
        <text id="2010112474ba360e5ed440d1b0002588">
          <item sublevel="2">
            <inserted>That the committee consist of six members and that the quorum of members necessary to be present at all meetings of the committee be fixed at four members and</inserted>
          </item>
        </text>
        <text continued="true" id="2010112474ba360e5ed440d1b0002589">We suspect that these issues would have been clearly covered even in the initial drafting but, out of an excess of caution, we propose these amendments, and I understand that the mover is relaxed and comfortable with that (to use a phrase). They make it clear that issues in relation to the costs and financing of this project, for example, would be a term of reference of the select committee if it were established.</text>
        <text id="2010112474ba360e5ed440d1b0002590">The reason for that is that some of the allegations or claims made in relation to workplace safety obviously relate to issues of cost and financing, that is, the need for speed, perhaps the need to meet various contractual time lines or to meet financial benefits or prevent the occurrence of financial penalties under a particular contract. Clearly, they will be important issues. First, I guess we need to establish the extent and nature of the workplace safety breaches, although there has been much publicity about them already thus far, and, therefore, a fair bit of public information about them.</text>
        <page num="1702" />
        <text id="2010112474ba360e5ed440d1b0002591">Having established that we will need to look at the issues that may have been a cause of workplace safety breaches, and it will therefore be essential to look at issues that relate to the contract. Obviously, to a very large part the contract governs the behaviour of the contractors and sub-contractors. If the contract says that certain things have to be achieved by a certain deadline or certain financial penalties will occur, that could govern a pattern of behaviour that may have led—and I say this advisedly—to workers being placed in a dangerous position. So the issues of the contract, and the costs and financing of the contract, clearly relate to workplace safety issues.</text>
        <text id="2010112474ba360e5ed440d1b0002592">Regarding the second amendment, as I said, we believe that this is probably covered in the existing wording but, in an excess of caution, we make it quite clear that the procedures and practices we talk about cover all the procedures and practices used to deliver the total project, including those with regard to workplace safety. This is just to make it absolutely clear that those issues are covered.</text>
        <text id="2010112474ba360e5ed440d1b0002593">The fact that the mover has very sensibly incorporated those wonderful few words, 'any other relevant matter' in the terms of reference—which are the save-all for all committee inquiries—would, we believe, have covered it anyway. The only other point I would speak to is that, upon discussion with the mover, we understand that there are two non-government, non-opposition members of this place who are very interested in serving on the committee.</text>
        <text id="2010112474ba360e5ed440d1b0002594">With two Labor members and two Liberal members it necessitates moving an amendment to the motion to allow the committee to consist of six persons, which will facilitate that. I do not speak on behalf of the government, but I assume that government members will participate and will insist on the convention of two government members; certainly, the Liberal Party's view is that this is such an important committee that two Liberal members should serve on the committee as well. With that, I indicate my support for the motion, with the amendments I have moved.</text>
        <text id="2010112474ba360e5ed440d1b0002595">Debate adjourned on motion of Hon. I.K. Hunter.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>