No 48

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 27 NOVEMBER 2002

 

 

1       Meeting of House

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

 

2       Petition No 64

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

64   Ms Bedford, from 1340 residents of South Australia, requesting the House to legislate for voluntary euthanasia which will allow a willing doctor to assist a person who is hopelessly ill and suffering intolerably to die quickly and peacefully under certain guidelines.

 

3       Papers

         The following Papers were tabled:

 

By the Speaker –

      Auditor General – Supplementary Report – Agency Audit Reports

      Ordered to be published (Paper No 4C).

 

By the Minister for Health (Hon L Stevens) –

      After Hours Medical Services Funding, Letter from Senator Kay Patterson to Minister for Health.

 

4       Legislative Review Committee - Reports – Fifteenth and Sixteenth

 

Fifteenth Report

Mr Hanna brought up the 15th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Fisheries Act 1982 – River Fish

               Development Act 1993 – Excavation, Other Activities.

 

Sixteenth Report

Mr Hanna brought up the 16th Report of the Committee.

Report received.

 

5       Speaker's Statement – Sub-judice

The Speaker made a statement regarding the general principles of sub-judice and in particular as it related to a question asked in the House yesterday.

 

6       Questions

Questions without notice were asked.

Ordered on motion of the Minister for Government Enterprises (Hon P F Conlon) - That the period for asking questions without notice be extended by 1 minute.

Questions without notice resumed.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 5 be postponed until Wednesday 4 December.

 

9       Economic and Finance Committee - Report - Green Phone (Preliminary Inquiry) - Motion to note

Ms Thompson, pursuant to notice, moved - That the 41st Report of the Committee on Green Phone (Preliminary Inquiry) be noted.

Debated ensued.

Question put and passed.

 

10      Public Works Committee - Report – State Records Accommodation - Motion to note

         Mr Caica, pursuant to notice, moved - That the 184th Report of the Committee relating to State Records Accommodation be noted.

Debated ensued.

Question put and passed.

 

11      Public Works Committee - Report – South Australian Plant Biotechnology Facility - Motion to note

         Mr Caica, pursuant to notice, moved - That the 185th Report of the Committee relating to South Australian Plant Biotechnology Facility be noted.

Question put and passed.

 

12      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 10 to 13 be postponed until Wednesday 4 December.

 

13      Legislative Review Committee - Report - Regulations under the Transport Act 1994 – No 243 of 2001 - Motion to note

Mr Hanna, pursuant to notice, moved - That the Report of the Committee on Regulations under the Transport Act 1994 – No 243 of 2001 be noted.

Ordered, on the motion of Dr McFetridge, that the debate be adjourned until Wednesday 4 December.

 

14      Statutes Amendment (Notification of Superannuation Entitlements) Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 4 December.


 

15      Industrial and Employee Relations (Exemption of Small Business) Amendment Bill

Hon I F Evans, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employees Relations Act 1994.

Question put and passed.

         Bill presented and read a first time.

 

         Hon I F Evans moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Snelling, that the debate be adjourned until Wednesday 4 December.

 

16      Postponement of business

         Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 and 2 be postponed until Wednesday 4 December.

 

17      Prevention of Cruelty to Animals (Prohibited Surgical and Medical Procedures) 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.

Ordered, on motion of Mr Snelling, that the debate be further adjourned until Wednesday 4 December.

        

18      Postponement of business

         Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 4 to 7 be postponed until Wednesday 4 December.

 

19      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 8 be postponed and taken into consideration after Order of the Day:  Private Members Bills/Committees/Regulations No 13.

 

20      Postponement of business

         Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations No 9 be postponed until Wednesday 4 December.

 

21      Economic and Finance Committee – Interim Report – Emergency Services Levy 2002/03 - Motion to note

         Order of the Day read for the adjourned debate on the motion of Ms Thompson - That the Interim Report of the Committee relating to Emergency Services Levy 2002/03 be noted.

Debated resumed.

Question put and passed.

 

22      Postponement of business

         Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 11 to 13 be postponed until Wednesday 4 December.

 

23      Statutes Amendment (Superannuation Entitlements for Domestic Co-Dependents) Bill

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

Debate resumed.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 4 December.

 

24      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration on motion.


 

25      Postponement of business

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

 

26      Terrorism (Commonwealth Powers) Bill

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

Debate resumed.

 

27      Extension of time for adjournment

Ordered, on motion of the Attorney-General (Hon M J Atkinson) - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

 

28      Terrorism (Commonwealth Powers) Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

In Committee

                                                            Clauses Nos 1 to 3 agreed to.

                                                            Clause No 4 amended and agreed to.

                                                            Clause No 5 agreed to.

                                                            Schedule agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

29      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

         Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill   Message No 57

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Criminal Law (Sentencing) Act 1988, with the amendment indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2002                                            R R Roberts, PRESIDENT

 

                     Schedule of the amendments made by the Legislative Council

 

No. 1.    Page 3, line 14 (clause 4) - Leave out proposed subsection (1) of new section 29A and insert:

            (1) The Full Court may, by declaratory judgment (a guideline judgment), establish, vary or revoke sentencing guidelines.

No. 2.    Page 4, lines 5 to 18 (clause 4) - Leave out proposed new section 29B and insert:

                        Initiation of proceedings for guideline judgment

                        29B. (1) Proceedings for a guideline judgment may be commenced—

                                    (a) on the Full Court's own initiative; or

                                    (b) on application by the Director of Public Prosecutions; or

                                    (c) on application by the Attorney-General; or

                                    (d) on application by the Legal Services Commission.

(2) An application for a guideline judgment must be accompanied by the applicant's proposal as to the terms in which the judgment should be given.

(3) The Full Court may, if it thinks appropriate, give a guideline judgment in the course of determining an appeal against sentence.

(4) However, if the Attorney-General has applied for a guideline judgment, the proceedings must be separate from other proceedings in the Full Court.

Sentencing Advisory Council to be given opportunity to make written report on proposal for guideline judgment

29BA.  (1) If proceedings for a guideline judgment are commenced by application to the Full Court, or the Full Court itself initiates such proceedings, the Registrar must—

            (a) notify the Sentencing Advisory Council of the Court's intention to hear and determine the proceedings; and

            (b) request the Council to make a written report to the Court, within a reasonable time stated in the request, on the questions to be considered by the Court in the proceedings.

              (2) If the proceedings have been initiated by an application, the notification and request must be accompanied by a copy of the applicant's proposal as to the terms in which the judgment should (in the applicant's opinion) be given.

              Representation at proceedings

                          29BB. (1) Each of the following is entitled to appear and be heard in proceedings for a guideline judgment:

              (a) the Director of Public Prosecutions;

              (b) the Attorney-General;

              (c) the Legal Services Commission;

              (d) the Aboriginal Legal Rights Movement Inc.;

              (e) an organisation representing the interests of offenders or victims of crime that has, in the opinion of the Full Court, a proper interest in the proceedings.

              (2) The Sentencing Advisory Council may appear in the proceedings and, if the Full Court requires assistance from the Council (beyond its written report), must appear in the proceedings.

              (3) If the Sentencing Advisory Council appears in the proceedings, it is to be represented by one of its members who is a legal practitioner or by independent counsel instructed by the Council to represent it.

No. 3.    Page 4, lines 20 to 24 (clause 4) - Leave out subsections (1) and (2) of new section                        29C.

No. 4.    Page 4 (clause 4) - After line 32 insert the following new Division:

                                                            DIVISION 5—SENTENCING ADVISORY COUNCIL

                        Establishment of Sentencing Advisory Council

                        29D. The Sentencing Advisory Council is established.

                        Functions

                        29E. The functions of the Sentencing Advisory Council are as follows:

                        (a) to report in writing to the Full Court on the giving, or review, of a guideline                       judgment;

            (b) to provide statistical information on sentencing, including information on current sentencing practices, to members of the judiciary and other interested persons;

                        (c) to conduct research, and disseminate information to members of the judiciary                and other interested persons, on sentencing matters;

                        (d) to gauge public opinion on sentencing matters;

            (e) to consult, on sentencing matters, with government departments and other interested persons and bodies as well as the general public;

                        (f) to advise the Attorney-General on sentencing matters.

                        Composition

                        29F. The Sentencing Advisory Council is to consist of not less than 7 and not more than 10 members of whom—

            (a) 2 must have broad experience of community issues arising from administration of justice in criminal matters by the courts; and

                        (b) 1 must have experience in issues affecting victims of crime; and

            (c) 1 must be a legal practitioner with broad experience in the defence of accused persons; and

            (d) 1 must be a legal practitioner with broad experience in the prosecution of accused persons; and

                        (e) the remainder must be experienced in the operation of the criminal justice                     system.

                        (2) The members of the Council are to be appointed by the Governor on the recommendation of the Attorney-General.

                        (3) A member of the Sentencing Advisory Council is to be appointed by the Governor                       to chair meetings of the Council.

                        Conditions of office of members

                        29G. (1) A member of the Sentencing Advisory Council holds office (subject to this section) for a term (not exceeding 3 years) specified in the member's instrument of appointment.

                        (2) A member's office becomes vacant—

            (a) if the member reaches the end of the member's term of office (unless the member is re-appointed for a further term); or

                        (b) if the member dies or resigns from office; or

            (c) if the member is convicted of an indictable offence or an offence which, if committed in South Australia, would be an indictable offence; or

                        (d) the member is removed from office by the Governor for misconduct.

                        Procedures

                        29H. (1) A meeting of the Sentencing Advisory Council may be convened by—

                        (a) the Attorney-General; or

                        (b) the person appointed to chair meetings of the Council.

                        (2) The member appointed to chair meetings of the Sentencing Advisory Council is to preside at meetings of the Council and, in the absence of that person, the members present are to choose one of their number to preside.

                        (3) The number of members necessary for a quorum at a meeting of the Sentencing Advisory Council is to be ascertained by dividing the total number of members of the Council by 2, ignoring any fraction resulting from the division, and adding 1.

                        (4) The Sentencing Advisory Council should act by consensus, if possible, but, if a general consensus of its members is not possible, a decision in which a majority of its members concur or, if they are equally divided in opinion, a decision in which the presiding member concurs, is taken to be a decision of the Council.

                        Staff

                        29I. The Sentencing Advisory Council is to have a secretary and any other staff reasonably necessary to enable it to carry out its functions.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

            Ordered – That the amendments be taken into consideration forthwith.

 

In Committee

 

            Resolved – That the amendments be disagreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had disagreed to the same.

 

         Native Vegetation (Miscellaneous) Amendment Bill                               Message No 58

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Development (Systems Improvement Program) Amendment Act 2000, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 2002                                            R R Roberts, PRESIDENT


 

                     Schedule of the amendments made by the Legislative Council

 

No. 1.    Page 16, line 7 (clause 24) - Leave out "section is" and insert:

                               sections are

No. 2.    Page 16 (clause 24) - After line 26 insert the following:

                          (f) a condition requiring that a copy of the consent issued by the Council be kept in such manner, and in any place, specified by the Council.

No. 3.    Page 17 (clause 24) - After line 6 insert the following:

             Marking or tagging of cleared vegetation

             30A.     (1) The regulations may establish a scheme for the marking or tagging of any cleared native vegetation of a prescribed kind.

                       (2)    A scheme established under subsection (1) may—

                       (a)    extend to persons who are in possession of native vegetation after it has been cleared;

                       (b)    make provision for the marking of cleared native vegetation in a manner determined by the Council, or for the use of tags issued by the Council;

                       (c)    prescribe fines (not exceeding $10 000) for contravention of a regulation;

                       (d)    make any other provision that may be necessary or expedient for the purposes of establishing the scheme envisaged by subsection (1).

No. 4.    Page 17, lines 20 to 36 and page 18, lines 1 to 6 (clause 25) - Leave out all words in these lines.

No. 5.    Page 19 (clause 25) - After line 20 insert the following:

                          (i)   require the respondent to refrain from an act or course of action, or to undertake an act or course of action, to ensure that the respondent does not gain an ongoing benefit from the breach.

No. 6.    Page 26 (clause 28) - After line 6 insert the following:

                          (fa) dig up any land by the use of hand-held equipment for the purpose of taking samples; and

No. 7.    Page 26, lines 7 and 8 (clause 28) - Leave out "where an authorised officer reasonably suspects that a person has committed a breach of this Act" and insert:

                              with the authority of a warrant issued under section 33C

No. 8.    Page 26, line 8 (clause 28) - After "take" insert:

                              mechanical

No. 9.    Page 26, line 11 (clause 28) - Leave out "the breach" and insert:

                              a breach of this Act

No. 10.   Page 26, line 12 (clause 28) - Leave out "under paragraph (g)" and insert:

                              under a preceding paragraph

No. 11.   Page 28 (clause 28) - After line 9 insert the following:

               (1a) Where, on the application of an authorised officer, a magistrate is satisfied that there are reasonable grounds to believe that a person may have committed a breach of this Act, the magistrate may issue a warrant authorising an authorised officer to take action under section 33B(1)(g).

No. 12.   Page 30 (clause 28) - After line 31 insert the following:

              Offences by authorised officers, etc.

               33EA. An authorised officer, or a person assisting an authorised officer, who—

                     (a) addresses offensive language to any other person; or

                     (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,

             is guilty of an offence.

             Maximum penalty:       $5 000.

No. 13.   Page 31 (clause 29) - After line 36 insert new subsection as follows:

                       (7) Despite subsection (1) of section 17 of the Environment, Resources and Development Court Act 1993, a person cannot be joined under that subsection as a party to proceedings on an appeal under subsection (1) of this section but the Court may, if it is of the opinion that there is some good reason for doing so, allow a person who is not a party to the proceedings to appear or be represented in the proceedings and, in so doing—

                        (a)   produce documents and other materials; and

                        (b) make representations and submissions.

 

J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

            Ordered – That the amendments be taken into consideration forthwith

 

In Committee

            Resolved – That the amendments be agreed to.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

30      Local Government (Access to Meetings and Documents) 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.

 

In Committee

                                                            Clauses Nos 1 to 6 agreed to.

 

Mr Brindal moved on, page 4, after line 30 to insert new clause as follows:

Amendment of s. 50—Public consultation policies

       6A. Section 50 of the principal Act is amended by inserting after subsection (9) the following subsection:

      (10) Subject to any other provision of this Act, a council may, for the purposes of this Act,                              combine a report and public consultation process required under one provision of this Act                           with a report and public consultation process required under another provision of this Act.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on motion.

 

31      Suspension of Standing Orders

The Minister for Local Government (Hon J W Weatherill), without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

____________

 

It being Midnight

THURSDAY 28 NOVEMBER 2002

____________

 

 

32      Local Government (Access to Meetings and Documents) Amendment Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                                            New Clause No 6A further considered.

         Question that new clause No 6A be inserted – put and negatived.

                                                            Clauses Nos 7 to 14 agreed to.

                                                            Clause No 15 amended and agreed to.

                                                            Clauses Nos 16 to 34 agreed to.

                                                            Title agreed to.

____________

 

         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it and had agreed to the same with an amendment.

 

Bill read a third time and passed.

 

33      Adjournment

House adjourned at 12.34 am until today at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 4 December 2002

 

Notices of Motion: Private Members Bills/ Committees/ Regulations -

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1992.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations  Act 1994.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

 

Mr Hanna to move – That the Regulations under the Fisheries Act 1982 entitled River Fish made on 17 October 2002 and laid on the table of this House on 22 October 2002, be disallowed.

 

Mr Hanna to move – That the Regulations under the Development Act 1993 entitled Excavations - Other Activities  made on 17 October 2002 and laid on the table of this House on 22 October 2002, be disallowed.

 

____________

 

 

Present during the day - All Members except Hon G M Gunn.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY