SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  3  MARCH  2005

 

 

 

   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 Minister for Industry and Trade (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.

 

Postponement
of Business.

 

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                                   Schedule 1 - which the Hon. R. D. Lawson had moved to amend on page 58, lines 8 to 13, by leaving out all words in these lines and inserting the following:

“(1)   A member of the Commission holding office immediately before the commencement of this clause may, by notice in writing to the Minister, elect to hold office under section 32 or 35 (as the case requires) of the principal Act, as enacted by this Act.

 (2)    If a member of the Commission holding office immediately before the commencement of this clause does not make an election under subclause (1) within 1 month after the commencement of this clause, it will be taken that the member wishes to hold office on the basis on which he or she was appointed and accordingly his or her term of office will cease at the end of the term for which he or she was appointed (unless the term comes to an end under the principal Act sooner), although such a member is then eligible for reappointment under the principal Act as amended by this Act.”

                 - further considered.

                          Question - That the amendment be agreed to - put.

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

             Committee divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

      So it passed in the negative.

 

Noes, 9

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Schedule 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.

                 Ordered - That the Bill be recommitted in respect of clauses No. 6, No. 7, No. 31, No. 54, No. 55 and proposed new clause No. 64.

                 The President then left the Chair, and the Council resolved itself into a Committee of the whole for the further consideration of clauses No. 6, No. 7, No. 31, No. 54, No. 55 and proposed new clause No. 64.

 

In the Committee

 

                                   Clause No. 6 reconsidered.

                          The Hon. T. G. Cameron moved on page 6, lines 31 to 33, to leave out subclause (4).

                          Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                                   Reconsidered clause No. 6, as further amended, agreed to.

                                   Reconsidered clause No. 7 struck out.

                                   Clause No. 31 reconsidered.

                          The Minister for Industry and Trade moved on page 15, after line 14, to insert new subclauses as follow:

“(1)   The Full Commission may, on application by a peak entity, establish any other standard relating to a designated matter that, subject to this section, is also to apply as a minimum standard to all employers and employees.

(1a)   For the purposes of subsection (1), a designated matter is a matter relating to any of the following:

(a)     paid parental leave;

(b)    hours of work; or

(c)     meal breaks.

(1b)   A contract of employment is to be construed as if it incorporated any minimum standard established under subsection (1) unless—

(a)     the provisions of the contract are more favourable to the employee; or

(b)    (b)   the provisions of the contract are in accordance with an award or enterprise agreement.”.

                          The Hon. T. G. Cameron moved to amend the amendment in subclause (1) by leaving out “any other standard relating to a designated matter” and inserting “a standard relating to paid parental leave” and by deleting subclause (1a).

 

 

 

                          Question - That the amendments moved by the Hon. T. G. Cameron to the amendment moved by the Minister for Industry and Trade be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Question - That the amendment moved by the Minister for Industry and Trade, as amended by the Hon. T. G. Cameron, be agreed to - put and passed.

                                   Reconsidered clause No. 31, as further amended, agreed to.

                                   Clause No. 54 reconsidered.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

 

   5.

At two minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   6.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the National Water Initiative.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Regional Development (The Hon. K. A. Maywald, M.P.) concerning the Regional Communities Consultative Council.

 

Ministerial
Statement Tabled.

 

   8.

The Minister for Aboriginal Affairs and Reconcililation (The Hon. T. G. Roberts), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. J. F. Stefani to complete his question to him and for the Minsiter for Aboriginal Affairs and Reconciliation to complete his reply.

                 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.

 

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further reconsideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                                   Reconsidered clause No. 54 postponed until after proposed new clause No. 64.

                                   Clause No. 55 reconsidered.

                          The Minister for Industry and Trade moved on page 34, after line 18, to insert new paragraph as follows:

“(da)    whether the employer has failed to comply with an obligation under section 58B or 58C of the Workers Rehabilitation and Compensation Act 1986; and”.

                          Question - That the amendment be agreed to - put.

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

                                   Reconsidered Clause No. 55, as further amended and otherwise further amended, agreed to.

                          The Minister for Industry and Trade moved on page 39, after line 3, to insert new clause as follows:

                          “64—Insertion of new Division

After section 155 insert:

Division 4A—Conciliation conferences

155A—Application of Division

This Division applies to proceedings founded on—

(a)     a monetary claim;

(b)    a claim for relief against unfair dismissal.

155B—Conciliation conference

(1)     Before the Court or the Commission hears proceedings to which this Division applies, a conference of the parties must be held for the purpose of exploring—

(a)     the possibility of resolving the matters at issue by conciliation and ensuring that the parties are fully informed of the possible consequences of taking the proceedings further; and

(b)    if the proceedings are to progress further and the parties are involved in 2 or more sets of proceedings under this Act—the possibility of hearing and determining some or all of the proceedings concurrently.

(2)     Any member of the Court or Commission may preside at a conference under subsection (1) unless the parties are in a remote part of the State, in which case the President may authorise a stipendiary magistrate to call and preside at the conference.

(3)     The person presiding at the conference (the presiding officer) must, not more than 3 business days after the conclusion of the conference—

(a)     give the parties a preliminary assessment of the merits of the claim (or, if there is more than 1 claim, of each claim) and any defence to the claim (or claims); and

(b)    recommend to the parties how best to proceed to resolution of the questions in issue between them (or, if in the presiding officer's opinion the application patently lacks merit, recommend that the claim be withdrawn).

(4)     If a claim is not resolved by conciliation or withdrawn, it will be set down for hearing before the Court or Commission (as the case requires).”

                          Question - That new Clause 64, as proposed to be inserted, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

     

                                   New clause No. 64 inserted.

                                   Postponed reconsidered clause No. 54 agreed to.

____________________

 

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

                 The Minister for Industry and Trade, 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 Minister for Industry and Trade then moved - That this Bill be now read a third time.

                 Question put.

 

 

 

             Council divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

 

10.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 18 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

15.

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

                 Debate resumed.

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

 

Statutes
Amendment
(Drink Driving)
Bill.

 

16.

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

                 Debate resumed.

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

 

Environment
Protection
(Miscellaneous)
Amendment Bill.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (Types of Classifications) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 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. 33 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 Minister for Industry and Trade, 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.

 

Classification
(Publications, Films
and Computer
Games) (Types of
Classifications)
Amendment Bill.

 

18.

The Minister for Industry and Trade, without notice moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Classification (Publications, Films and Computer Games) (Types of Classifications) Amendment Bill and Message to the House of Assembly whilst the Council is not sitting.

                 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:
Message and
Bill to be
delivered when
Council not sitting.

 

 

19.

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

 

Postponement
of Business.

 

20.

Ordered - That the Council, at its rising, do adjourn until Monday, 4 April 2005, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

 

21.

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

Message No. 39

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Motor Vehicles Act 1959; and to make related amendments to the Road Traffic Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 February 2005.                                                                 I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Industry and Trade then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Motor Vehicles
(Licences and
Learner’s Permits)
Amendment Bill.

 

 

22.

Council adjourned at eighteen minutes past five o’clock until Monday, 4 April 2005, at fifteen minutes past two o’clock.

 

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. 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. N. Xenophon

The Hon. C. Zollo