[SOUTH AUSTRALIA]

No. 27

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  2  MAY  2000

 

 

 

   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. 9, 75, 89, 95 and 99 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 Treasurer (The Hon. R. I. Lucas) -

                 Reports, 1999 -

                          Senior Secondary Assessment Board of South Australia.

                          Vocational Education Employment and Training Board.

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

                 Judges of the Supreme Court of South Australia -Report, 1999.

                 Regulations under the following Act -

                          Workers Rehabilitation and Compensation Act 1986 - Claims and Registration - Self Managed Employer - Additional Information.

                 Rules - Rules of Court -

                          Court of Disputed Returns - Local Government (Election Act) - Application of Proceedings.

                          District Court - District Court Act 1991 - Status Hearings.

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

                 South Australian Harness Racing Club - Report, 1999.

                 Regulations under the following Act -

                          Development Act 993 - Significant Trees.

        By the Minister for Administrative Services (The Hon. R. D. Lawson) -

                 Institution of Surveyors, Australia, South Australian Division Incorporated - Report, 1999.

 

Papers.

   4.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning Immigration.

 

Paper Tabled.

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning Legionella Control in South Australia.

 

Paper Tabled.

   6.

The Attorney-General, according to order, moved - That the Sports Drug Testing Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Sports Drug

Testing Bill.

   7.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   8.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 23 be postponed and taken into consideration after Order of the Day (Government Business) No. 26.

 

Postponement

of Business.

10.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

First Home

Owner Grant Bill.

 

11.

Ordered - That Order of the Day (Government Business) No. 25 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Children’s

Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment Bill.

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of the Police (Complaints and Disciplinary Proceedings) (Miscellaneous)  Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                 The Hon. I. Gilfillan moved on page 1, after line 18, to insert new clause as follows:

                          “Amendment of s. 22A—Authority may initiate investigation

                                  3A. Section 22A of the principal Act is amended by striking out subsection (5).”

                 Question - That new clause No. 3A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

        Committee divided:

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

 

Ayes, 6.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

Noes, 12.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

                 The Hon. C. A. Pickles moved on page 1, after line 18, to insert new clause as follows:

Amendment of s.18 - Action on complaint being made to member of police force.

                                 3A.   Section 18 of the principal Act is amended -

                        (a)    by inserting in subsection (1) “in writing” after “is made”;

                        (b)    by inserting in subsection (2) “in writing” after “is made”.’

                 Question - That new clause No. 3A, as proposed to be inserted by the Hon. C. A. Pickles, be so inserted - put and negatived.

 

 

 

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. I. Gilfillan moved on page 3, lines 11 and 12, to leave out paragraphs (d) and (e).

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. C. A. Pickles moved on page 3, line 16, after “The Authority must,” to insert “not less than 24 hours”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 6 otherwise amended and agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

14.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law Consolidation (Sexual Servitude) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 6 agreed to.

                 The Attorney-General moved on page 4, after line 22, to insert new Schedule as follows:

                                                                                SCHEDULE

                                                     Amendment of Summary Offences Act 1953

                  The Summary Offences Act 1953 is amended by inserting after section 25 the following section:

                          Procurement for prostitution

                                  25A.  (1)  A person must not engage in procurement for prostitution.

                          Maximum penalty:

                                  For a first offence—$1 250 or imprisonment for 3 months.

                                  For a subsequent offence—$2 500 or imprisonment for 6 months.

                                  (2)  A person engages in procurement for prostitution if the person—

                                  (a)    procures another to become a prostitute; or

                                  (b)    publishes an advertisement to the effect that the person (or some other person) is willing to employ or engage a prostitute; or

                                  (c)    approaches another person with a view to persuading the other person to accept employment or an engagement as a prostitute.

                                  (3)  In this section—

                                  "advertisement" includes a notice exhibited in, or so that it is visible from, a public place.’

                 Question - That new Schedule, as proposed to be inserted by the Attorney-General, be so inserted - put.

            Committee divided:

Criminal Law Consolidation

(Sexual Servitude) Amendment Bill.

 

Ayes, 13

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

Noes, 6.

The Hon. T. G. Cameron

The Hon. I. Gilfillan

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. S. M. Kanck (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Schedule inserted.

                          Title amended and agreed to.

_____________________

 

 

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

17.

Ordered - That Order of the Day (Government Business) No. 12 be postponed and taken into consideration on motion.

 

Postponement

of Business.

18.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Warrants of Apprehension) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned and ordered to be resumed on motion.

 

Statutes

Amendment (Warrants of Apprehension)

Bill.

20.

At three minutes to 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.

 

21.

Ordered - That Orders of the Day (Government Business) No. 16 to No. 22 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

Ordered - That Order of the Day (Government Business) No. 23 be postponed and taken into consideration on motion.

 

Postponement

of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (BHP Indentures) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Statutes

Amendment

(BHP Indentures) Bill.

 

24.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Warrants of Apprehension) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Statutes

Amendment (Warrants of Apprehension)

Bill.

 

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 11 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Summary Offences (Searches) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. I. Gilfillan moved on page 2, lines 22 to 32, to leave out proposed paragraphs (e) and (f) and insert the following:

                          “(e)   except where the detainee objects or it is not reasonably practicable to do so, an intimate search must be recorded on videotape;

                            (f)     before an intimate search is carried out, the member of the police force supervising the search must—

                                     (i)      read aloud to the detainee (with the assistance of an interpreter if one is to be present during the search) a written statement, in a form approved by the Minister, explaining—

                                               (A)   the value of recording the search on videotape; and

                                               (B)    that the detainee may object to the search being so recorded; and

                                               (C)    that if the detainee objects to the search being recorded, it will not be recorded; and

                                     (ii)     provide the detainee with a copy of the written statement;”

                 The Hon. C. A. Pickles moved on page 2, lines 22 to 25, to leave out proposed paragraph (e) and insert the following:

                          “(e)   except where the detainee objects or it is not reasonably practicable to do so, an intimate search must be recorded on videotape;”

                 The Attorney-General moved on page 2, lines 26 to 32, to leave out proposed paragraph  (f) and insert the following:

                          “(f)    if, apart from the question of whether or not the detainee objects to the recording, it is otherwise reasonably practicable to record an intimate search on videotape, the member of the police force supervising the search must, before the search is carried out—

                                     (i)      give the detainee a written statement in a form approved by the Minister outlining—

                                               (A)   the value of recording the search on videotape; and

                                               (B)    that the detainee may object to the search being so recorded; and

                                               (C)    where relevant, that if the detainee objects to an intimate intrusive search being recorded, the intimate intrusive search will not be recorded; and

                                     (ii)     read the statement to the detainee (with the assistance of an interpreter if one is to be present during the search).”

                 To report progress and ask leave to sit again.

_____________________

 

Summary

Offences

(Searches)

Amendment

Bill.

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Corporations (South Australia) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Corporations

(South Australia) (Miscellaneous) Amendment Bill.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Public Trustee and Trustee Companies - GST) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until next day of sitting.

 

Statutes  Amendment

(Public Trustee and Trustee Companies - GST) Bill.

 

28.

Ordered - That Orders of the Day (Government Business) No. 30 to No. 34 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

Ordered - That the second reading of the Water Resources (Water Allocations) Amendment Bill be taken into consideration forthwith.

                 The Attorney-General moved - That the Water Resources (Water Allocations) Amendment Bill be now read a second time.

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

 

Water Resources (Water Allocations) Amendment Bill.

  30.

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

Message No. 50

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment Bill, without any amendment.

House of Assembly, 2 May 2000.                                                                      J.K.G. OSWALD, Speaker.

 

Messages from

House of Assembly:

South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment Bill.

 

 

Message No. 51

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the National Parks and Wildlife Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 2 May 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

National Parks and Wildlife (Miscellaneous) Amendment Bill.

 

31.

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

 

Postponement of Business.

32.

Council adjourned at thirty minutes past nine 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. 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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo