[SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  1  JULY  1998

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

Answers to Questions on Notice Nos. 132, 133, 141 and 192 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

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

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Occupational Health, Safety and Welfare Act 1986 - Fees.

         By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Regulation under the following Act -

                          Water Resources Act 1997 - Extension of Adopted Management Policies.

 

Papers.

   4.

The Hon. A. J. Redford brought up the Twelfth Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Twelfth Report

1997-98.

 

   5.

The Attorney-General, while making a Ministerial Statement, tabled a list of Law Reform Reports.

 

Paper

Tabled.

 

   6.

The Hon. T. G. Roberts, by leave, tabled -

       a copy of a Statutory Declaration made by Robert V. Hodge, dated 24 June 1998, together with a copy of a letter from Mr. R. Hodge to Mr. K. Foley, M.P., dated 24 June 1998; and

       a copy of a facsimile from Mr. M. J. Hill to Mr. John Rau dated 26 June 1997, concerning Mr.
Hill’s Employment Contract with the S.A. Jockey Club.

 

Paper

Tabled.

 

   7.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. T. G. Cameron.

                 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.

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   9.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Report of the Legislative Review Committee on Regulations under the Development Act 1993 concerning Smoke Alarms, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative

Review

Committee -

Report on Regulations

under the Development

Act 1993

concerning

Smoke Alarms

to be noted -

Motion re.

 

11.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Policy of the Legislative Review Committee for the Examination of Regulations, be noted:

                 Debate resumed.

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

 

Legislative

Review

Committee -

Policy for the

Examination of

Regulations

to be noted -

Motion re.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo - That this Council congratulates the Glendi Festival Chairman (Mr. George Kavelaros), the 1998 Festival Co-ordinator (Mr. Peter Louca, J.P.) and the Organising Committee of the 21st Annual Glendi Greek Festival and expresses its appreciation of the wonderful contribution the Festival makes to South Australia:

                 Debate resumed.

                 Question put and passed.

 

Glendi Greek Festival -

Motion re.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Prostitution Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday next.

 

Prostitution

Bill.

16.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1996-97 be noted:

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 1 July 1998.

 

Report of the

Auditor-General,

1996-97

to be noted -

Motion re.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 11 to No. 14 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Game Birds) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday next.

 

National

Parks and Wildlife

(Game Birds)

Amendment Bill.

 

20.

Ordered - That Order of the Day (Private Business) No. 16 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That this Council condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to waterfront reforms in Australia, in particular -

         I.      their support for current and past serving members of the Australian Defence Forces to participate in an ill-fated overseas strike breaking training exercise; and

        II.      their support for the conspiracy entered into between Patrick Stevedores and a National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria,

       and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations, as witnessed by the achievements at the Port of Adelaide, than by the use of the jackboot.

                   Debate resumed.

                   And the Hon. T. G. Roberts having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Waterfront

Conflict -

Motion re.

22.

At six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

23.

Ordered - That the adjourned debate on the motion of the Hon. T. G. Roberts - That this Council condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to waterfront reforms in Australia, in particular -

         I.      their support for current and past serving members of the Australian Defence Forces to participate in an ill-fated overseas strike breaking training exercise; and

        II.      their support for the conspiracy entered into between Patrick Stevedores and a National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria,

       and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations, as witnessed by the achievements at the Port of Adelaide, than by the use of the jackboot - be now resumed.

                   Debate resumed.

                   Question put.

          Committee divided:

Waterfront

Conflict -

Motion re.

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. N. Xenophon

The Hon. T. G. Roberts (Teller)

Noes, 6.

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

So it was resolved in the affirmative.

 

 

24.

Ordered - That Order of the Day (Private Business) No. 18 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott -

        I.      That Australia should become a Republic with an Australian citizen as Head of State; and

      II.      That the concurrence of the House of Assembly to this motion be requested:

                 Debate resumed.

                 To which the Hon. J. F. Stefani moved to amend Paragraph I by leaving out all words after “that” and inserting the following:

                “this Council congratulates the Federal Liberal Government for organising the Constitutional Convention;

      II.      That following a Referendum to be held in 1999 and, if passed by the required majority, this Council is of the opinion that Australia should become a republic with an Australian citizen as Head of State; and”

         Paragraph II - To be renumbered Paragraph “III.”:

                  Debate resumed.

          On motion of the Hon. S. M. Kanck, the debate was adjourned until Wednesday next.

 

Australia

becoming a

Republic -

Motion re.

26.

Ordered - That Order of the Day (Private Business) No. 20 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
        T. G. Roberts - That this Council -

         I.      Condemns the Federal Liberal Government for fostering a strike-breaking mercenary group of current and former serving members of the Australian Defence Force to undertake an overseas training programme designed to allow those persons to scab on members of the Maritime Union of Australia, who may, in the future, be engaged in industrial action to defend not only themselves, but organised labour in general; and

        II.      Calls on the Federal Liberal Government to immediately recall all current serving members of the Defence Force involved in this programme:

         Debate resumed.

         The Hon. R. R. Roberts moved to amend the motion by leaving out Paragraph II.

         Question - That Paragraph II stand part of the motion - put and negatived.

         Question - That the motion moved by the Hon. T. G. Roberts, and as amended by the Hon.
R. R. Roberts, be agreed to - put and passed.

 

Australian Defence Force Personnel

Involvement

in Maritime

Training

Programme -

Motion re.

 

28.

Ordered - That Order of the Day (Private Business) No. 22 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

29.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles - That this Council -

         I.      Calls on the Minister for Education, Children’s Services and Training to acknowledge criticisms by the Ombudsman that the final report to the Minister of the Upper West School Cluster Review did not reflect dissenting views, that documents presented to the Minister contained inaccuracies, that the Co-Chairs of the Croydon Primary School signed the final report on misleading advice and that grave doubt exists as to the extent of consideration given to the Croydon minority report;

       II.      Acknowledges the significant campaign by the Croydon Primary School Council and parents and friends to save the school and advance the educational opportunities of their children; and

III.     Condemns the Minister for Education, Children’s Services and Training for closing the Croydon Primary School:

          Debate resumed.

          On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday next.

 

Croydon Primary

School Closure -

Motion re.

30.

Ordered - That Order of the Day (Private Business) No. 24 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

31.

On the Order of the Day being read for the adjourned debate on the question - That the Freedom of Information (Public Opinion Polls) Amendment Bill be now read a second time:

                   Debate resumed.

                   The Hon. A. J. Redford moved to leave out all words after “That” and insert “the Bill be withdrawn and referred to the Legislative Review Committee for its report and recommendations”.

                   On motion of the Hon. M. J. Elliott, the debate was adjourned until Wednesday next.

 

Freedom of Information

(Public

Opinion Polls)

Amendment

Bill.

 

32.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Motor Vehicles

(Cheque and

Debit or Credit

Card Payments)

Amendment

Bill.

33.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Pollution of Waters by Oil and Noxious Substances Act 1987.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Pollution of

Waters by Oil

and Noxious

Substances

(Miscellaneous)

Amendment

Bill.

34.

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

 

Postponement

of Business.

 

35.

The following Messages from the House of Assembly were received and read -

Message No. 71

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the reform the law relating to Bills of lading, sea waybills and ships’ delivery orders and to amend the Mercantile Law Act 1936, without any amendment.

House of Assembly, 30 June 1998.                                                                     J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Sea-Carriage

Documents

Bill.

 

                 Message No. 72

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Valuation of Land (Miscellaneous) Amendment Bill.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 30 June 1998.                                                                     J.K.G. OSWALD, Speaker.

 

Valuation of

Land

(Miscellaneous)

Amendment

Bill.

 

Schedule of the amendments made by the Legislative Council to which

the House of Assembly has disagreed.

No. 1.       Page 1 (clause 3) - After line 21 insert the following paragraphs:

           (a1) by striking out from subsection (1) “by notice published in the Gazette” and substituting “on a recommendation made by resolution of both Houses of Parliament”;

           (a2) by inserting after subsection (1) the following subsection:

         (1a) On a vacancy occurring in the office of Valuer-General, the matter of inquiring into and reporting on a suitable person for appointment to the vacant office is referred by force of this subsection to the Statutory Officers Committee established under the Parliamentary Committees Act 1991.;

No. 2.       Page 2, lines 3 to 7 (clause 5) - Leave out all words in these lines after “by striking out subsection (1)”.

No. 3.       Page 2, lines 15 to 24 (clause 5) - Leave out all words in these lines.

No. 4.       Page 7, line 3 (Schedule 5) - Leave out the following item:

                          “Section 9(4)(b)                        Strike out this paragraph and substitute the following paragraphs:

                                                                             (b)       resigns by written notice addressed to the Governor; or

                                                                             (ba)     completes a term of office and is not reappointed; or.”

.                and substitute the following item:

                          “Section 9(4)(b)                        Strike out this paragraph and substitute the following paragraph:

                                                                             (b)       resigns by written notice addressed to the Governor; or.”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 73

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the year ending on 30 June 1999 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 30 June 1998.                                                                     J.K.G. OSWALD, Speaker.                  Bill read a first time.

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

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Appropriation

Bill.

36.

The Treasurer, by leave, tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. M. Brindal, M.P.) concerning the process of reviewing the governance of the City of Adelaide.

 

Paper

Tabled.

37.

Council adjourned at twenty-six minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo