No 20

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 15 JULY 2002

 

 

1       Meeting of House

         The House met pursuant to adjournment.  The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Answers to questions

Answers to questions on the Notice Paper Nos 2 and 5 and questions without notice were tabled by the Speaker.

 

3       Papers

         The following Papers were tabled:

 

By the Attorney-General (Hon M J Atkinson) –

Juvenile Justice Advisory Committee – Report 2000-2001 (Paper No 27)

Duncan, Dr – Death of- Metropolitan Police Report - 1972

 

The Attorney-General, by leave, moved - That the report written by Detective Chief Superintendent R J McGowan, concerning the death of Dr George Ian Ogilvie Duncan be published in accordance with section 12 of the Wrongs Act.

Question put and passed.

 

         Speaker's Statement – Parliamentary privilege

The Speaker made the following statement:

 

There are matters inherent in the proposition that the House has now passed to which I did not draw attention prior to the motion being put, for the very simple reason that I do not think it appropriate for me (from the chair) to try and influence what might be a debate or, if there is a debate, the substance of that debate prior to any question being put in that manner. I believe there has been an abundance of caution exercised in the Attorney-General's proposition and its passage through the House without debate. Under section 12 of the Wrongs Act it probably is not necessary for us to have exercised such caution for us to be able to claim parliamentary privilege for all documents tabled in this place.

Nothing that we have done today, in my judgment, has detracted from the privilege of parliament where it relates to such documents in any way, shape or form. If Members and others wish to better inform themselves of that matter, I draw their attention to section 12 of the Wrongs Act and, in particular, that part which provides:

“It shall be lawful for any defendant in any civil or criminal proceeding in respect of the publication of any report, paper, votes, or proceedings of parliament, which either House of Parliament deems fit and necessary and has authorised to be published, to bring before the court. . . the court shall thereupon stay the said proceeding.”

This means that absolute privilege does apply to those documents which are simply tabled. Standing Order 202 of the House of Assembly provides:

“All papers and documents laid upon the table of the House are considered public. Papers not ordered to be published may be inspected at the office of the House at any time.”

Accordingly, I take that to mean, as I have stated to the House, that privilege is in no way diminished for those other documents which may be tabled but to which such a motion does not apply—as has happened today—and that they have no less privilege than this document which has arisen out of the decision of the Attorney‑General for whatever reason to move and for the House to pass the motion it has so passed.

 

4       Questions

Questions without notice were asked.

 

5       Grievance debate

On motion of the Speaker, the House noted grievances.

 

6       Health and Community Services Complaints Bill

The Minister for Health (Hon L Stevens), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health or community service users and providers; and for other purposes.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

 

7       Crown Lands (Miscellaneous) Amendment Bill

The Minister for Environment and Conservation (Hon J D Hill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act.

         Bill presented and read a first time.

 

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

         Ordered, on motion of Hon I F Evans, that the debate be adjourned until tomorrow.

 

8       Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 3.

 

9       Appropriation Bill

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

Debate resumed.

 

10      Extension of time for adjournment

Ordered, on motion of the Attorney-General - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

11      Appropriation Bill

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of the Attorney-General that the debate be further adjourned until tomorrow.


 

12      Message from the Legislative Council

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

 

         Agricultural and Veterinary Products (Control of Use) Bill                      Message No 14

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act relating to agricultural chemical products, fertilisers and veterinary products; to repeal the Agricultural Chemicals Act 1955, the Stock Foods Act 1941 and the Stock Medicines Act 1939; to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994 and the Livestock Act 1997; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 11 July 2002                                                    R R Roberts, PRESIDENT

 

         Bill read a first time.

         Ordered – That the second reading be made an Order of the Day for tomorrow.

 

13      Adjournment

House adjourned at 10.17 pm until Tuesday 16 July at 2.00 pm.

 

____________

 

 

Present during the day - All Members except Hon D C Brown, Hon P F Conlon and Hon P L White.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

ACTING CLERK OF THE HOUSE OF ASSEMBLY