SOUTH AUSTRALIA]

No. 54

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  2  JUNE  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Hon. J. M. Gazzola brought up the Twenty-second Report, 2003-2004, of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-second
Report, 2003-2004.

 

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-third Report, 2003-2004, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-law and Rules of Court 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
By-law and Rules of Court, the Committee may decide to take no further action.

                 By-law and Rules of Court referred to -

Local Government Act 1999 - District Council of Yorke Peninsula -
By-law K - Boat Ramps.

Supreme Court Act 1935 - Rules of Court - Scale of Costs.

 

Legislative
Review
Committee -
Twenty-third
Report, 2003-2004.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) brought up the Report of the Select Committee on Pitjantjatjara Land Rights, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 218)

 

Select Committee
on
Pitjantjatjara
Land Rights

 

   5.

The Minister for Industry, Trade and Regional Development (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning National Competition Payment Penalties.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning Laws regarding Mandatory Reporting of Suspected Sexual and Other Abuse.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Industry, Trade and Regional Development tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Police Budget.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Aboriginal Affairs and Reconciliation tabled the following Reports -

A Project to Review the Findings of the Coroner’s Inquest 2002 (Death of Anangu Pitjantjatjara Lands People) and Report on Strategies for Community Capacity Building in the AP Lands - Report to the SA Government Department for Aboriginal Affairs and Reconciliation by the Social Policy Research Group, Division of Education, Arts and Social Sciences, University of South Australia.

Response to Report on Strategies for Community Capacity Building on the AP Lands.

Report by Mr. Jim Litster, Interim Coordinator on Trip to APY Lands by Department of the Premier and Cabinet and Department of Aboriginal Affairs and Reconciliation, from 25 March 2004 to 27 March 2004.

 

Papers Tabled.

 

   9.

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

 

Statements on
Matters of Interest.

 

10.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Regulations under the Victims of Crime Act 2001, concerning Victims Compensation, made on 20 May 2004 and laid on the Table of the Council on 25 May 2004, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

Victims of Crime -
Regulations -
Victims
Compensation -
Motion for
disallowance of.

 

11.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Report of the Select Committee on Pitjantjatjara Land Rights be noted.

                 And the Minister for Aboriginal Affairs and Reconciliation having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 30 June 2004.

 

Select Committee
on Pitjantjatjara
Land Rights -
Report to be noted -
Motion re.

 

12.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That a copy of the tabled evidence of the Select Committee on Pitjantjatjara Land Rights be provided to the Aboriginal Lands Parliamentary Standing Committee.

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 30 June 2004.

 

Select Committee
on Pitjantjatjara
Land Rights -
Evidence to be
provided to the
Aboriginal Lands
Parliamentary
Standing
Committee -
Motion re.

 

 

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That the Report of the Statutory Authorities Review Committee into the Fifth Inquiry into Timeliness of Annual Reporting by Statutory Authorities, 2001-2002, be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory
Authorities Review
Committee -
Report on Fifth
Inquiry into
Timeliness of
Annual Reporting
by Statutory
Authorities,
2001-2002
be noted -
Motion re.

 

 

14.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

 

Business
Discharged.

 

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan -

                  I.      That a Select Committee be appointed to inquire into and report on the offices of the Director of Public Prosecution and the Coroner, with particular reference to -

(a)     the implementation of the enabling legislation of these offices to identify any improvements that could be made to the enabling legislation by amendment;

(b)    the resources needed to effectively fulfil the roles and functions as required by the enabling legislation;

(c)     the relationships between the Director of Public Prosecutions, the Coroner, the Attorney-General, the Government and the Parliament; and

(d)    other relevant matters.

Offices of the
Director of Public
Prosecution and
the Coroner -
Motion for Select
Committee on.

 

 

 

                II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

               III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

               IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

                 Debate resumed.

       Question put and passed.

Standing Orders
Suspended.

 

 

 

                 The Hon. I. Gilfillan then moved - That the Select Committee consist of the Hon. R. D. Lawson, the Hon. A. J. Redford, the Hon. R. K. Sneath, the Hon. C. Zollo and the mover.

                 Question put and passed.

                 The Hon. I. Gilfillan moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 21 July 2004.

                 Question put and passed.

 

Select Committee
Appointed.

 

17.

On the Order of the Day being read for the adjourned debate on motion of The Hon. R. D. Lawson -

                  I.      That the Legislative Council requests the Legislative Review Committee to examine and report upon the establishment in South Australia of a Criminal Cases Review Commission to examine suspected wrongful convictions, miscarriages of justice and other issues in the criminal justice system.

                II.      That the report of the Committee include recommendations on -

(a)     Terms of reference of the Commission;

(b)    The relationship of the Commission to the Supreme Court, to the Parliament and to Executive Government;

(c)     The powers of the Commission and its membership;

(d)    The criteria for cases to be examined by the Commission;

(e)     Whether the Commission should be empowered to examine and make recommendations in relation to crimes in respect of which there was no prosecution or conviction;

(f)     Resourcing issues; and

(g)    Any other relevant matter:

                 Debate resumed.

                 On motion of The Hon. C. Zollo, the debate was adjourned until Wednesday, 30 June 2004.

 

 

 

18.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

 

19.

Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 9 to No. 16 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

 

21.

Ordered - That Order of the Day (Private Business) No. 17 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

22.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 22 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. K. J. Reynolds - That the Regulations under the Liquor Licensing Act 1997, concerning Long Term Dry Areas - Adelaide, North Adelaide, made on 30 October 2003 and laid on the Table of this Council on 12 November 2003, be disallowed:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 30 June 2004.

 

Liquor Licensing
Act - Regulations -
Long Term Dry
Areas -
Adelaide,
North Adelaide -
Motion for
disallowance of.

 

 

24.

Ordered - separately - That Orders of the Day (Private Business) No. 24 to No. 28 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Dignity in Dying Bill.

 

In the Committee

 

                          Clause No. 15 further considered and agreed to.

                          Clauses No. 16 to No. 24 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 amended and agreed to.

                          Schedule 4 amended and 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 Minister for Aboriginal Affairs and Reconciliation, 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.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put.

Dignity in Dying
Bill.

 

 

             Council divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 13

The Hon. T. G. Cameron

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. L. Evans (Teller)

 

 

 

26.

At one minute past 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.

27.

Ordered - That the adjourned debate on the motion of the Hon. C. Zollo - That this Council notes and congratulates the South Australian Country Women’s Association on its seventy-five years of service to our community - be now resumed.

                 Debate resumed.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until Wednesday, 30 June 2004.

 

South Australian
Country Women’s
Association -
Motion re.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Environment Protection (Plastic Shopping Bags) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 30 June 2004.

 

Environment
Protection (Plastic
Shopping Bags)
Amendment Bill.

29.

Ordered - separately - That Orders of the Day (Private Business) No. 31 to No. 36 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

30.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Emergency Contact Details) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 30 June 2004.

 

Motor Vehicles
(Emergency
Contact Details)
Amendment Bill.

31.

Ordered - separately - That Orders of the Day (Private Business) No. 38 to No. 46 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

32.

Ordered - That Order of the Day (Private Business) No. 47 be postponed and taken into consideration on motion.

 

Postponement
of Business.

33.

Ordered - separately - That Orders of the Day (Private Business) No. 48 and No. 49 be Orders of the Day for Wednesday, 30 June 2004.

 

Postponement
of Business.

34.

Ordered - That the adjourned debate on motion of the Hon. S. M. Kanck - That the Legislative Council requests the Natural Resources Committee to inquire into and report on marine protected areas with particular reference to -

               I.      identifying reasons for the Government’s delays in introducing a system of marine protected areas, including no-take zones, around the State’s coastline;

Marine Protected
Areas - Natural
Resources Committee
to inquire into -
Motion re.

 

             II.      the current status of marine protected areas in South Australia with regard to mining and exploration activities and whether or not world’s best practice is being observed;

            III.      the identification of areas within the South Australian Representative Marine Protected Area estate in which mining and exploration activities are occurring or in which there is a risk of such activities being permitted;

            IV.      the identification and assessment of the options available to ensure a permanent ban on mining and exploration in the South Australian Representative Marine Protected Area estate;

             V.      assessing the level of assistance being provided by the State Government to regional groups in the preparation of National Resource Management plans for marine protected areas;

            VI.      the degree to which ecosystem based management principles are being incorporated in any plans for marine protected areas in the State;

           VII.      the need for new marine reserves legislation; and

         VIII.      any other related matter.

                 Which the Hon. G. E. Gago had moved to amend by leaving out all words after “That the Legislative Council requests” and inserting the following:

        “the Environment, Resources and Development Committee to inquire into and report on marine protected areas, with particular reference to -

               I.      identifying reasons for delays in introducing a system of marine protected areas, including no-take zones, around the State’s coastline;

             II.      the current status of marine protected areas in South Australia with regard to mining and exploration activities and whether or not world’s best practice is being observed;

            III.      the identification of areas within the South Australian Representative Marine Protected Area estate in which mining and exploration activities are occurring or in which such activities may be permitted;

            IV.      the identification and assessment of the options available to appropriately regulate mining and exploration in the South Australian Representative Marine Protected Area estate;

             V.      assessing the level of assistance being provided by the State Government to regional groups in the preparation of National Resource Management plans for marine protected areas;

            VI.      the degree to which ecosystem based management principles are being incorporated in any plans for marine protected areas in the State;

           VII.      the need for new marine reserves legislation; and

         VIII.      any other related matter.” - be now resumed.

                 Debate resumed.

                 Question - the words proposed to be struck out by the Hon. G. E. Gago stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. G. E. Gago be so inserted - put and passed.

                 Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. G. E. Gago, be agreed to - put and passed.

 

 

35.

The Hon. R. I. Lucas, according to order, moved - That this Council notes with concern recent appointments made since the State Government was installed in March 2002.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 30 June 2004.

 

Appointments
made since
State Government
installed in
March 2002 -
Motion re.

36.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That, for the purposes of section 14 of the Botanic Gardens and State Herbarium Act 1978, this Council resolves that the Board of the Botanic Gardens and State Herbarium may dispose of any interest in, and be divested of any control of, any of the following land:  Certificate of Title Register Book Volume 5862, Folio 262 (formerly Volume 4175, Folio 187); Certificate of Title Register Book Volume 5133, Folio 747 (formerly Volume 4175, Folio 188).

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Botanic Gardens
and State
Herbarium Act -
Disposal of
Interest in Land -
Motion re.

37.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

38.

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

                 Debate resumed.

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

 

Supply Bill.

39.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

40.

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

                 Debate resumed.

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

 

State Procurement
Bill.

41.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

42.

On the Order of the Day being read for the consideration of Message No. 78 from the House of Assembly relating to the Statues Amendment (Intervention Programs and Sentencing Procedures) Bill:

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room on the first floor of the Legislative Council at the hour of 4.00 p.m. on Thursday, 3 June 2004, and that the Hon. A. L. Evans, the Hon. R. D. Lawson, the Hon. R. K. Sneath, the Hon. N. Xenophon and the Hon. C. Zollo be the Managers on the part of this Council.

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

43.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

44.

The following Message from the House of Assembly was received and read -

Message No. 81

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Minister for Industry, Trade and Regional Development (The Hon. P. Holloway) and the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), Members of the Legislative Council, to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill.

House of Assembly, 1 June 2004.                                                        I. P. LEWIS, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 Resolved - on motion of the Minister for Industry, Trade and Regional Development - That the Minister for Industry, Trade and Regional Development and the Minister for Aboriginal Affairs and Reconciliation have leave to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

       

Message from
House of Assembly:
Estimates
Committees -
Legislative Council
Ministers leave
to attend.

 

45.

Council adjourned at three minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon