[SOUTH AUSTRALIA]

No. 19

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY 3 DECEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

Answers to Questions on Notice Nos. 5, 16, 19, 47, 56, 60, 81, 90, 95, 98 and 102 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 Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Regulation under the following Act -

                          Bank Merger (BankSA and Advance Bank) Act 1996 - Transfer Employees.

                 Friendly Societies Act 1919 - Rules - Confirmation pursuant to section 10 of the Act.

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

                 Reports, 1995-96 -

                          Adelaide Convention Centre South Australia.

                          Country Fire Service.

                          South Australian Tourism Commission.

                 Regulation under the following Acts -

                          Workers Rehabilitation and Compensation Act 1986 - Scales of Medical and Other Charges.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Liquor Licensing Act 1985 - Dry Areas - Brighton and Seacliff.

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

                 Reports, 1995-96 -

                          Enfield Memorial Park.

                          Foundation SA.

                          Outback Areas Community Development Trust.

                          Pharmacy Board of South Australia.

                          Public and Environmental Health Council.

                          South Australian Psychological Board.

                          The Physiotherapists Board of South Australia.

                 Regulations under the following Acts -

                          Development Act 1993 - Major Developments.

                          Water Resources Act 1990 - Conditions on Licences.

                 District Council By-laws -

                          Tumby Bay - No. 13 - Caravans used for Habitation in Townships.

 

Papers.

   4.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Tourism (The Hon. G. A. Ingerson, M.P.) concerning the South Australian Tourism, Recreation and Sport Commission Bill.

 

Paper

Tabled.

   5.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Tourism concerning the appointment of a Manager, Wine Tourism, with the South Australian Wine Tourism Council.

 

Paper

Tabled.

   6.

The Attorney-General tabled a copy of Ministerial Statement made by the Minister for Correctional Services (The Hon. W. A. Matthew, M.P.) concerning Operation Challenge.

 

Paper

Tabled.

    7.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. M. H. Armitage, M.P.) concerning Disability Services.

 

Paper

Tabled.

    8.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Housing, Urban Development and Local Government Relations (The Hon. E. S. Ashenden, M.P.) concerning Housing Trust Rent.

 

Paper

Tabled.

    9.

The Hon. R. R. Roberts tabled a copy of a Memorandum to the Minister for Tourism from Mr. Michael Gleeson, Chief Executive Officer, South Australian Tourism Commission, dated 31 May 1996, concerning Mr. Rod Hand.

 

Paper

Tabled.

  10.

The Hon. R. R. Roberts tabled a copy of a Memorandum to Mr. Michael Gleeson, Chief Executive Officer, South Australian Tourism Commission, from Staff of the Tourism Development Group, dated 5 June 1996, concerning Mr. Rod Hand.

 

Paper

Tabled.

  11.

The Hon. R. R. Roberts tabled a copy of a file note of a meeting between Mr. Michael Gleeson, Chief Executive Officer, South Australian Tourism Commission, Mr. Graham Foreman, Commissioner for Public Employment, and Lesley Dalby, Group Manager Corporate Services, on Tuesday 11 June 1996, concerning Mr. Rod Hand.

 

Paper

Tabled.

12.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes past three 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.

13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 to No. 18 agreed to.

                          Clause No. 19 amended and agreed to.

                          Clauses No. 20 to 36 agreed to.

                          Clause No. 37 amended and agreed to.

                          Clauses No. 38 to No. 46 agreed to.

                          Clause No. 47 amended and agreed to.

                          Clauses No. 48 to No. 54 agreed to.

                          Clause No. 55 amended and agreed to.

Electricity

Bill.

 

                          Clause No. 56 amended and agreed to.

                          Clause No. 57 amended and agreed to.

                          Clause No. 58 amended and agreed to.

                          Clauses No. 59 to No. 78 agreed to.

                          Clause No. 79 amended and agreed to.

                          Clauses No. 80 and No. 81 agreed to.

                          Clause No. 82 amended and agreed to.

                          Clause No. 83 amended and agreed to.

                          Clauses No. 84 to No. 98 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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 Education and Children’s Services, 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.

 

 

15.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 9 and No. 11 to No. 24 be postponed and taken into consideration after Order of the Day (Government Business) No. 25.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Development Plan (City of Salisbury - MFP (The Levels)) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

 

Development

Plan

(City of

Salisbury -

MFP (The

Levels))

Amendment Bill.

 

17.

The Attorney-General, at the request and behalf of the Minister for Transport, according to order, moved - That the Pulp and Paper Mill (Hundreds of Mayurra and Hindmarsh) (Council Rates) Amendment Bill be now read a second time.

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

 

Pulp and Paper

Mill (Hundreds of

Mayurra and

Hindmarsh)

(Council Rates)

Amendment Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

20.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement

of Business.

21.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

Ordered - That Orders of the Day (Government Business) No. 8, No. 9 and No. 11 be postponed and taken into consideration on motion.

 

Postponement

of Business.

23.

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

 

Postponement

of Business.

24.

Ordered - That Orders of the Day (Government Business) No. 13  and No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

25.

Ordered - That Order of the Day (Government Business) No. 15 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

26.

Ordered - That Order of the Day (Government Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Ports (Bulk Handling Facilities) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned and ordered to be resumed on motion.

 

South

Australian

Ports (Bulk

Handling

Facilities)

Bill.

28.

Ordered - That Order of the Day (Government Business) No. 18 be postponed and taken into consideration on motion.

 

Postponement

of Business.

29.

Ordered - That Orders of the Day (Government Business) No. 19 to No. 24 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

30.

Ordered - That Order of the Day (Government Business) No. 26 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

31.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Remuneration (Supplementary Allowances and Benefits) 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. 3 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.

 

Parliamentary Remuneration (Supplementary Allowances and Benefits) Amendment

Bill.

  32.

Ordered - That the adjourned debate on the question - That the Criminal Assets Confiscation Bill be now read a second time - be now resumed.

                 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 14 agreed to.

                          Clause No. 15 amended and agreed to.

                          Clauses No. 16 to No. 18 agreed to.

                          Clause No. 19, being a money clause, no question was put on the clause.

                          Clauses No. 20 to No. 39 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Title agreed to.

_____________________

 

Criminal

Assets

Confiscation

Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and a suggested 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.

 

 

33.

Ordered - That the adjourned debate on the question - That the Development Plan (City of Salisbury - MFP (The Levels)) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. M. J. Elliott, the debate was adjourned and ordered to be resumed on motion.

 

Development

Plan (City of

Salisbury -

MFP (The Levels))

Amendment Bill.

34.                                                                                                                                                                                                                                    

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

Message No. 38

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Equal Opportunity Act 1984, without any amendment.

House of Assembly, 3 December 1996.                                                                  G. M. GUNN, Speaker.

 

Messages from House of Assembly:

Equal Opportunity (Tribunal)

Amendment Bill.

 

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Legal Practitioners Act 1981, without any amendment.

House of Assembly, 3 December 1996.                                                                  G. M. GUNN, Speaker.

 

Legal

Practitioners (Miscellaneous) Amendment Bill.

 

35.

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.

 

  36.

Ordered - That the adjourned debate on the question - That the Second-hand Dealers and Pawnbrokers Bill be now read a second time - be now resumed.

                 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. 9 agreed to.

                          Clause No. 10 read.

                 The Hon. T. Crothers moved on page 8, line 20, to leave out all words in this line and insert the following:

          “(2)  Despite subsection (1), goods may be sold and delivered -

(a)   in the case of furniture or other goods of a prescribed kind - immediately; or

(b)   in any other case - after three days,

if the dealer -”.

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

                          Clause No. 10 agreed to.

                          Clauses No. 11 and No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 27 agreed to.

                          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; 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.

 

Second-hand

Dealers and Pawnbrokers

Bill.

37.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Waite Trust (Miscellaneous Variations) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 agreed to.

                          New clause No. 3A inserted.

                          Clauses No. 4 to No. 6 agreed to.

                          Schedule agreed to.

                          Preamble 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.

 

Waite Trust (Miscellaneous Variations)

Bill.

  38.

Ordered - That the adjourned debate on the question - That the Fisheries (Protection of Fish Farms) Amendment Bill be now read a second time - be now resumed.

                 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 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 an 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.

 

Fisheries

(Protection

of Fish Farms) Amendment

Bill.

  39.

Ordered - That the adjourned debate on the question - That the South Australian Tourism, Recreation and Sport Commission Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Ordered - That Order of the Day (Government Business) No. 3 be discharged.

                 Ordered - That the South Australian Tourism, Recreation and Sport Commission Bill be withdrawn.

 

South Australian

Tourism,

Recreation

and Sport

Commission Bill.

40.

Ordered - That the adjourned debate on the question - That the South Eastern Water Conservation and Drainage (Contributions) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

South Eastern

Water

Conservation

and Drainage

(Contributions)

Amendment Bill.

 

41.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order given this day for Order of the Day (Government Business) No. 15 to be an Order of the Day for next day of sitting, be discharged.

                 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.

 

 

                 The Attorney-General moved - That the Order given this day for Order of the Day (Government Business) No. 15 to be an Order of the Day for next day of sitting, be discharged.

                 Question put and passed.

Business Discharged.

 

 

                 Ordered - That Order of the Day (Government Business) No. 15 be postponed and taken into consideration on motion.

 

Postponement

of Business.

  42.

Ordered - That the adjourned debate on the question - That the Adoption (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 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. 22 agreed to.

                          Clause No. 23 read.

                 The Hon. S. M. Kanck moved on page 8, after line 35, to insert the following:

Certain information must be provided to adopted person

          27CA.  (1)  If -

(a)    an adopted person has attained the age of 18 years; and

(b)    the Chief Executive is in possession of information relevant to the health of the adopted person or has information that a birth parent has died; and

(c)    the Chief Executive knows the whereabouts of the adopted person,

the Chief Executive must provide the adopted person with that information, whether or not the adopted person has requested information under this Part.

          (2)  Information provided to an adopted person under this section must not contain details that would enable a birth partner or a person who would have been a relative of the adopted person if the adoption order had not been made to be traced.”

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

                          Clause No. 23 otherwise amended and agreed to.

                          Clauses No. 24 to No. 27 agreed to.

                          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; whereupon the Council adopted such report.

                 The Minister for Transport, 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.

 

Adoption (Miscellaneous)

Amendment

Bill.

43.

Ordered - That the adjourned debate on the question - That the Local Government (Miscellaneous Provisions) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Local

Government (Miscellaneous Provisions)

Amendment

Bill.

  44.

Ordered - That the adjourned debate on the question - That the State Records Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

State

Records

Bill.

  45.

Ordered - That the adjourned debate on the question - That the Motor Vehicles (Inspection) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

_____________

 

And it being twelve of the clock:

WEDNESDAY, 4 DECEMBER, 1996

_____________

 

                 Question put and passed.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Motor Vehicles (Inspection) Amendment

Bill.

46.

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

 

Postponement

 of Business.

47.

Council adjourned at ten minutes past twelve o’clock midnight 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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

 

 

 

 

Member absent on leave - The Hon. T. G. Roberts