No 6

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 17 OCTOBER 1996

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon G M Gunn) took the Chair and read                    prayers.

 

2       Social Development Committee - Report - Prostitution - Motion to note

Mr Leggett, pursuant to notice, moved - That the Final Report of the Social Development Committee Inquiry into Prostitution be noted.

         Debate ensued.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Thursday next.

 

3       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 2 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 3.

 

4       Daylight Saving Act - Regulations - Dates - Motion for disallowance

Hon F T Blevins, pursuant to notice, moved - That the Regulations under the Daylight Saving Act relating to Dates 1996, gazetted on 11 July and laid on the Table of this House on 23 July 1996, be disallowed.

         Debate ensued.

         Question put.

 


      House divided (No 1):

 


                                         Ayes, 11.

 

Mr Atkinson

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Hon F T Blevins (Teller)


                            Noes, 26.

 

Mr Andrew

Hon E S Ashenden

Mr D S Baker

Hon S J Baker

Mr Bass

Mr Becker

Mr Brindal

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Hon R G Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Oswald

Mrs Penfold

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Mr Meier (Teller)


 

         So it passed in the negative.

 

5       Economic and Finance Committee - Report - Boards and Committees Information System - Motion to note

Mr Becker, pursuant to notice, moved - That the Report of the Economic and Finance Committee on Boards and Committees - Information System be noted.

         Debate ensued.

Ordered, on motion of Mr Brindal, that the debate be adjourned until Thursday next.

 

6       Suspension of Sessional Orders

Mr Meier, without notice, moved - That Sessional Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Order of the Day: Private Members Bills/ Committees/ Regulations No 1 is disposed of.

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

 

7       Select Committee on Petrol Multi Site Franchising - Report - Motion to note

Order of the Day read for consideration of the Report of the Select Committee on Petrol Multi Site Franchising.

Mr Caudell, moved - That the report be noted.

         Ordered, on motion of Mr Quirke, that the debate be adjourned until Thursday next.

 

8       Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 1 to 3 be Notices of Motion for Thursday next.

 

9       Auditor-General - Confidence in- Motion re

Hon M D Rann, pursuant to notice, moved - That this House expresses its confidence in the professionalism, integrity and independence of Mr Ken McPherson in his role as Auditor-General, an independent officer of this Parliament.

         Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday next.

 

 

10      Festival of Music 1996 - Motion re

Mrs Greig, pursuant to notice, moved - That this House congratulates all South Australian public primary school children, their music teachers, the 77 assisting artists/groups, the Orchestra Coordinator, the Orchestra and choir conductors, Mr Joseph Docherty and members of the South Australian Public Primary Schools Music Society Inc for their outstanding and highly successful 1996 Festival of Music.

         Debate ensued.

         Question put and passed.

 

11      Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 6 and 7 be Notices of Motion for Thursday next.

 

12      Family Summit - Motion re

Mr Scalzi, pursuant to notice, moved - That this House congratulates the Government on its initiative to hold a family summit in November.

         Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday next.

 

13      Postponement of business

Ordered - That Notices of Motion: Other Motions Nos 9 to 11 be Notices of Motion for Thursday next.

 

14      University of South Australia - International Links - Motion re

Mr Scalzi, pursuant to notice, proceeding to move - That this House commends the University of South Australia for establishing the first international university link with the Nursing College in Yan Tai in Shandong Province, Peoples Republic of China and congratulates Professor Fran Sutton and the first fourteen nurses who graduated on 11 September 1996.

Ordered, on motion of Mr Scalzi, by leave, that the motion be adjourned until Thursday next.

 

15      Messages from the Governor

         The following Messages from the Governor were received and read:

 

         Taxation Administration Bill - Recommending                                       Message No 4

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Taxation Administration Bill 1996.

         Government House, 17 October 1996                                              E J Neal, GOVERNOR

 

         Statutes Amendment (Taxation Administration) Bill - Recommending               Message No 5

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Taxation Administration) Bill 1996.

         Government House, 17 October 1996                                              E J Neal, GOVERNOR

 

16      Paper

         The following Paper was tabled:

 

By the Deputy Premier (Hon S J Baker) -

Legal Services Commission of South Australia - Report, 1995-96.

 

17      Questions

         Questions without notice were asked.

Ordered - That the period for asking questions without notice be extended by five minutes.

         Questions without notice resumed.

 


18      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

19      Message from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         Racial Vilification Bill                                                                             Message No 3

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to prohibit certain conduct involving vilification of people on the ground of race; to amend the Wrongs Act 1936 and to provide redress for the victims of racial vilification, with the amendments indicated by the annexed Schedule, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 16 October 1996                                              H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

No 1     Page 1, line 7 (long title) - Insert “the Equal Opportunity Act 1984 and” after “amend”.

No 2     Page 1, line 22 (clause 3) - After ‘associates;’ insert ‘and “racial” has a corresponding meaning;’.

No 3     Page 2, line 24 (clause 6) - Leave out “for the tort of racial victimisation1” and insert “for racial vilification1 or the tort of racial victimisation2”.

No 4     Page 2, line 26 (clause 6) - Leave out the footnote and insert new footnotes as follow:-

      “1See section 86a of the Equal Opportunity Act 1984.

        2See section 37 of the Wrongs Act 1936.”

No 5     Page 3 - Before line 1 insert new clause as follows:-

‘Amendment of Equal Opportunity Act 1984

      6A.  The Equal Opportunity Act 1984 is amended -

(a)  by inserting after the definition of “near relative” in section 5(1) the following definition:

offence of serious racial vilification- see section 4 of the Racial Vilification Act 1996;;

(b)  by striking out the definition of “race” in section 5(1) and substituting the following definitions:

race” of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates; and

racial” has a corresponding meaning;

racial vilification” - see section 86a;;

(c)  by inserting after the definition of “the Registrar” in section 5(1) the following definition:

representative body” means a body (whether or not incorporated) that -

      (a)  represents members of a particular racial group; and

      (b)  has as its primary object the promotion of the interests and welfare of the group;;

(d)  by inserting after the definition of “spouse” in section 5(1) the following definition:

tort of racial victimisation- see section 37 of the Wrongs Act 1936;;

(e)  by striking out from section 57(2) “or ethnic”;

(f)   by inserting the following section after section 86:

      Racial vilification

      86a. (1)  A person who, by a public act, incites hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of their race commits racial vilification.

      (2)  It is unlawful to commit racial vilification.

      (3)  However, this does not make unlawful -

      (a)  publication of a fair report of the act of another person; or

      (b)  publication of material in circumstances in which the publication would be subject to        a defence of absolute privilege in proceedings for defamation; or

      (c)  a reasonable act, done in good faith, for academic, artistic, scientific or research             purposes or for other purposes in the public interest (including reasonable public   discussion, debate or expositions).


(4)  In this section -

public act” means -

      (a)  any form of communication with the public; or

      (b)  conduct in a public place.;

            (g)  by inserting after paragraph (b)  of section 93(1) the following paragraph:

      (ba)      in the case of a complaint of racial vilification - by a representative body on behalf of a            named member or members of the group of people represented by the body;;

            (h)  by inserting after section 93(1a) the following subsections:

                        (1ab) A complaint of racial vilification cannot be made if civil proceedings for the                                 tort of racial victimisation have been commenced for the same act or series of acts.

                        (1ac) A representative body cannot make a complaint under subsection (1)(ba)                                        unless -

      (a)  each named person on whose behalf the complaint is made consents in writing to the      making of the complaint; and

      (b)  the representative body satisfies the Commissioner that acts of the kind alleged in the     complaint affect adversely or have the potential to affect adversely the interests or      welfare of the group it represents.;

            (i)   by inserting after section 94(1) the following subsection:

      (1a) If racial vilification is alleged, the Commissioner must conduct an investigation.;

            (j)   by inserting the following section after section 94:

      Referral of serious racial vilification to DPP

94a.  (1)  If, in the course of investigating a complaint of racial vilification, the Commissioner forms the opinion that an offence of serious racial vilification has been committed, the Commissioner must refer the matter to the Director of Public Prosecutions and must not proceed further to attempt to resolve the matter by conciliation.

(2)  If possible, the Commissioner must make a decision on whether a complaint of racial vilification should be referred to the Director of Public Prosecutions within 28 days after receiving the complaint.

(3)  On making the referral, the Commissioner must, by notice in writing addressed to the complainant, advise the complainant of -

      (a)  the making of the referral; and

      (b)  the right of the complainant to require the Commissioner to refer the complaint to the       Tribunal.

(4)  If proceedings for an offence of serious racial vilification are commenced, the Tribunal may stay proceedings under this Part until the conclusion of the proceedings for the offence.;

      (k)  by inserting after section 95(6) the following subsection:

            (6a) The Commissioner may require a representative body that has made a complaint      to nominate a person to appear for the representative body in conciliation proceedings       concerning the complaint.;

      (l)   by striking out section 95(8) and substituting the following subsection:

            (8) Where the Commissioner -

                  (a) is of the opinion that a matter cannot be resolved by conciliation; or

                  (b) has attempted to resolve the matter by conciliation but has not been                                      successful in that attempt; or

                  (c) has declined to recognise a complaint as one upon which action should                                       be taken under this section and the complainant has, within three                                                         months of being notified of the Commissioner’s decision, by notice in writing,                            required the Commissioner to refer the complaint to the Tribunal; or

                  (d) is asked by a complainant complaining of racial vilification to refer the                                     complaint to the Tribunal even though the matter has been referred to the                                          Director of Public Prosecutions,

                     the Commissioner must refer the matter to the Tribunal for hearing and                                     determination.;

            (m) by inserting after paragraph (c) of section 96(1) the following paragraph:

                  (d) in the case of racial vilification - an order requiring the respondent to publish                                  an apology or retraction, or both, in respect of the matter the subject of the                                            complaint and for that purpose, giving directions concerning the time, form,                               extent and manner of publication.;

            (n)  by inserting after section 96(1) the following subsections:

            (1a)  The total amount of the damages that may be awarded for the same act or series of acts of racial vilification cannot exceed $40 000.

      (1b)  In applying the limit fixed by subsection (1a), the Tribunal must take into account damages awarded by a court -

(a)  in criminal proceedings on convicting the respondent in respect of the same act or series of acts; or

(b)  in civil proceedings for the tort of racial victimisation in respect of the same act or series of acts.;

(o)  by inserting after section 96(3) the following subsection:

      (3a) If the complainant is a representative body, compensation may be awarded to the person or persons on whose behalf the complaint is lodged but not to the representative body.’

No 6     Page 3 (clause 7) - After line 28 insert new subsection as follows:-

“(2A)  Proceedings for the tort of racial victimisation cannot be commenced if a complaint of racial vilification has been lodged under the Equal Opportunity Act 1984 for the same act or series of acts.”

No 7     Page 4, lines 1 to 5 (clause 7) - Leave out subsection (5) and the footnote below it and insert new subsection and footnotes as follow:-

‘(5) In applying the limit fixed by subsection (4), the court must take into account damages awarded -

      (a)  by a court in criminal proceedings on convicting the respondent in respect of the same     act or series of acts;1 or

      (b)  by the Equal Opportunity Tribunal in proceedings for racial vilification.2

            1See section 6 of the Racial Vilification Act 1996.

            2See section 86a of the Equal Opportunity Act 1984.’

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That consideration of the amendments be an Order of the Day for Tuesday next.

 

20      Statutes Amendment (Taxation Administration) Bill

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Debits Tax Act 1994, the Financial Institutions Duty Act 1983, the Land Tax Act 1936, the Pay-roll Tax Act 1971, the Stamp Duties Act 1923 and the Taxation (Reciprocal Powers) Act 1989.

Question put and passed.

 

         Bill presented and read a first time.

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.

 

21      Taxation Administration Bill

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make general provision for the administration and enforcement of taxation laws; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.

 


22      Electricity Bill

The Minister for Mines and Energy (Hon S J Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to regulate the electricity supply industry; to make provision for safety and technical standards for electrical installations; to amend the Electricity Corporations Act 1994 and the Local Government Act 1934; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.

 

23      State Records Bill

The Minister for State Government Services (Hon W A Matthew), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the preservation and management of official records; to amend the Libraries Act 1982, the Freedom of Information Act 1991 and the Local Government Act 1934; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Quirke, that the debate be adjourned until Tuesday next.

 

24      MFP Development (Miscellaneous) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                            Clauses Nos 1 and 2 agreed to.

                                                            Clause No 3 left out.

                                                            Clause No 4 agreed to.

                                                            Clause No 5 left out.

                                                            New clauses Nos 5 and 5A inserted.

                                                            Clause No 6 left out.

                                                            Clause No 7 amended and agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon H Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

Bill read a third time and passed.

 


25      Messages from the Legislative Council

         The following Message from the Legislative Council was received and read:

 

         ANZ Executors and Trustee Company (South Australia) Limited

         (Transfer of Business) Bill (No 2)                                                             Message No 4

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to transfer certain business of the ANZ Executors and Trustee Company Limited; to amend the Trustee Company Act 1988; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 17 October 1996                                              H P K Dunn, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be taken into consideration on Tuesday next.

 

26      Adjournment

         House adjourned at 4.26 pm until Tuesday next at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 24 October 1996

         Notice of Motion:  Other Motions-

 

Mr Quirke to move - That this House congratulates the joint recipients of the 1996 Nobel Peace Prize, Bishop Carlos Belo and Jose Ramos Horta, recognising the work done to establish a just and lasting peace for East Timor.

 

____________

 

 

         Present during the day - All Members except Mrs Hall.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY