SOUTH AUSTRALIA]

No. 57

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  4  OCTOBER  2001

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

   2.

The Treasurer (The Hon. R. I. Lucas), 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.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919, the Aged and Infirm Persons Property Act 1940, the Guardianship and Administration Act 1993, the Legal Practitioners Act 1981, the Public Trustee Act 1995 and the Trustee Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General 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.

 

Statutes
Amendment
(Public Trustee)
Bill.

   4.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Stalking) 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.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 amended and agreed to.

                          Title agreed to.

____________________

 

Statutes
Amendment
(Stalking)
Bill.

 

                 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.

 

 

   6.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

    7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. P. Holloway moved on page 5, line 9, to leave out paragraph (e) and insert new paragraph as follows:

                          (e)      the carrying of a bacterial or viral infection (and without limiting the generality of this paragraph, includes infection with the HIV virus),;”.

                  Question -That the amendment be agreed to - put.

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

           Committee divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

      So it passed in the negative.

 

Noes, 8

The Hon. T. Crothers

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

                 The Hon. P. Holloway moved on page 5, lines 16 to 18, to leave out proposed definition and insert new definition as follows:

                          ‘"putative spouse" of a person, means—

                                    (a)    a person who is cohabiting with the person as his or her de facto husband or wife; or

                                    (b)    a person of the same sex who is cohabiting with the person in a genuine domestic relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristic of being of a different sex and other characteristics arising from that characteristic);;’.

                 The Hon. S. M. Kanck moved on page 5, lines 16 to 18, to leave out proposed definition and insert new definition as follows:

                          ‘putative spouse" of a person, means—

                                    (a)    a person who is cohabiting with the person as his or her de facto husband or wife and—

                                                   (i)       has so cohabited continuously over the last preceding period of 1 year; or

                                                   (ii)      has had sexual relations with the person resulting in the birth of a child; or

                                    (b)    a person of the same sex who is cohabiting with the person in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristic of being of a different sex and other characteristics arising from that characteristic) and he or she has so cohabited continuously with that person over the last preceding period of 1 year;;’.

 

 

 

                 The Hon. T. G. Cameron moved on page 5, lines 16 to 18, to leave out proposed definition and insert new definition as follows:

                           ‘"putative spouse" of a person, means—

                                    (a)    a putative spouse within the meaning of the Family Relationships Act 1975, whether or not a declaration of the relationship has been made under that Act; or

                                    (b)    a person of the same sex who is, on a certain date, cohabiting with the person in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristic of being of a different sex and other characteristics arising from that characteristic) and—

                                                   (i)      he or she has so cohabited with that other person continuously for a period of 5 years immediately preceding that date; or

                                                   (ii)     he or she has during the period of 6 years immediately preceding that date so cohabited with that other person for periods aggregating not less than 5 years.’.

                 Question - That all words on page 5 in lines 16 to 18 stand as printed - put.

 

 

           Committee divided:

Ayes, 5

The Hon. J.S.L. Dawkins

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

         So it passed in the negative.

 

Noes, 7

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

 

 

 

                 Question - That the words proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put.

 

 

           Committee divided:

Ayes, 6

The Hon. T. Crothers

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. S. M. Kanck (Teller)

 

      So it passed in the negative.

 

Noes, 7

The Hon. T. G. Cameron

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

         Question - That the words proposed to be inserted by the Hon. T. G. Cameron, be so inserted  - put.

 

 

           Committee divided:

Ayes, 7

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. Crothers

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

                 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.

 

 

   8.

At seven 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.

 

   9.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By The Hon. I. Gilfillan from 35 residents of South Australia, concerning the use of GMO’s.  The Petitioners pray that this Honourable House will do all in its power to impose a moratorium on the introduction of GMO’s to the South Australian environment, therefore protecting the people of this State from the possible harmful effects such modifications may have in the long term.

Petitions -
No. 72 -
Use of GMO’s.

 

 

                 By The Hon. S. M. Kanck from 355 residents of South Australia, concerning the reconciliation ferry proposal.  The Petitioners pray that this Honourable House will provide its full support to the ferry location proposal and prioritise the ferry service on its merits as a transport, tourism, reconciliation, regional development and employment project and call for the urgent support of the Premier requesting that he engage, as soon as possible, in discussions with the Ngarrindjeri community to see this exciting and creative initiative become reality.

 

No. 73 -
Reconciliation
Ferry Proposal.

 

  10.

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

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

                 South Australia Police - Report, 2000-2001.

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

                 Reports, 2000-2001 -

                          Dental Board of South Australia.

                          Homestart Finance.

 

Papers.

11.

The Hon. J.S.L. Dawkins brought up the Annual Report of the Statutory Authorities Review Committee, 2000-2001.

                 Ordered - That the Report be printed.  (Paper No. 236)

 

Statutory
Authorities
Review Committee - Annual Report,
2000-2001.

 

12.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial statement made by the Minister for Local Government (The Hon. D. C. Kotz, M.P.) concerning a Memorandum of Understanding and Statement of Intent, under the Auspices of the State/Local Government Partnerships Program, with the Murray Mallee and South East Local Government Associations.

 

Paper Tabled.

13.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. R. Brokenshire, M.P.) concerning the Emergency Services Paging System.

 

Paper Tabled.

14.

Ordered - That Order of the Day (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 and No. 9 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement
of Business.

  16.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the West Beach Recreation Reserve (Review) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 struck out.

                          Clauses No. 10 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 17 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Title agreed to.

____________________

 

West Beach
Recreation
Reserve (Review)
Amendment Bill.

 

                 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 and Urban Planning, 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.

 

 

17.

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

Message No. 110

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Survival of Causes of Action Act 1940, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 4 October 2001.                                                                 J.K.G. OSWALD, Speaker.

 

Messages from House of Assembly:
Survival of Causes
of Action
(Dust-Related
Conditions)
Amendment Bill.

 

 

Schedule of the amendment made by the House of Assembly

Clause 2, page 3, lines 7 and 8 - Leave out “Act referred to in the heading to the Part in which the reference occurs” and insert:

         Survival of Causes of Action Act 1940

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

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendment be agreed to.

____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 111

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Constitution (Parliamentary Terms) Amendment Bill, without any amendment.

House of Assembly, 4 October 2001.                                                                 J.K.G. OSWALD, Speaker.

 

Constitution (Parliamentary Terms)
Amendment Bill.

18.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 and No. 9 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Governor’s Remuneration) 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. 6 agreed to.

                          Clause No. 7, as suggested to be amended, agreed to.

                          Clause No. 8 agreed to.

                          Title agreed to.

____________________

 

Statutes
Amendment (Governor’s Remuneration)
Bill.

 

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

                 The Treasurer, 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.

 

 

20.

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

 

Postponement
of Business.

21.

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

 

Postponement
of Business.

22.

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.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Offences of Dishonesty) 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.

 

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill.

24.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Liquor Licensing (Reviews and Appeals) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Liquor Licensing
(Reviews and
Appeals)
Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 14, No. 16, No. 18 and No. 19 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway - That this Council directs the Attorney-General to direct Mr. D. Clayton, Q.C. to complete and provide to the Attorney-General his report into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola, on or before 22 October 2001, and that, further, the Attorney-General shall, on 24 October 2001 or within 48 hours, whichever is the sooner, pass the report to the President of the Legislative Council who shall, within one day of receipt, Table the report or, if the Council is not sitting or the Parliament has been prorogued, publish and distribute such a report and that further, this motion replaces all previous decisions of the Council in relation to the Tabling of the Clayton Report:

                 Debate resumed.

                 The Attorney-General moved to amend the motion by leaving out all words after “That this Council directs” and inserting the following:

     “I.      the Attorney-General to request Mr. D. Clayton, Q.C. to complete and deliver his report into issues surrounding Mr. J.M.A. Cramond’s inquiry regarding Motorola as expeditiously as possible and, if possible, by 22 October 2001, but not so as to compromise the principles of natural justice or to cut short all the work necessary to ensure the presentation of a report with which Mr. Clayton is satisfied properly responds to the terms of reference for the inquiry;

      II.      the Attorney-General to deliver the report to the President within two business days of receiving it; and

 

Report of
Mr. D. Clayton, Q.C.
into issues
surrounding
Mr. J.M.A. Crammond’s
Inquiry regarding
Motorola - Tabling
and distribution -
Motion re.

 

    III.      the President to table the report in the Council within one sitting day of its receipt or, if the Council is not sitting or the Parliament is prorogued, and in order to gain the protections afforded by the Wrongs Act, be authorised to publish the report and be required to do so within one business day of receiving the report.”

                 Question - That the words proposed to be struck out by the Attorney-General stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Attorney-General be so inserted - put and passed.

                 Question - That the motion moved by the Hon. P. Holloway, and as amended by the Attorney-General, be agreed to - put and passed.

 

 

28.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Road Safety Initiatives) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Statutes
Amendment
(Road Safety
Initiatives) Bill.

  29.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. S. M. Kanck moved on page 5, line 21, after “country of origin,” to insert “ethno-religious origin,”.

                 The Hon. S. M. Kanck moved - That the Committee report progress and seek leave to sit again.

                 Question put and negatived.

                  Question - That the amendment moved by the Hon. S. M. Kanck be agreed to - put.

Equal Opportunity
(Miscellaneous)
Amendment Bill.

 

           Committee divided:

Ayes, 4

The Hon. T. Crothers

The Hon. I. Gilfillan

The Hon. N. Xenophon

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

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. R. K. Sneath

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

                          Clause No. 4, as amended, agreed to.

                          Clause No. 5 read.

                 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 next day of sitting.

 

 

30.

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

Message No. 112

                 MR. PRESIDENT - The House of Assembly has agreed to the amendment suggested by the Legislative Council in the Statutes Amendment (Governor’s Remuneration) Amendment Bill, without any amendment and has amended the Bill accordingly.

House of Assembly, 4 October 2001.                                                                 J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Statutes
Amendment
(Governor’s
Remuneration) Bill.

 

 

Message No. 113

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to facilitate rail transport by establishing a fund dedicated for the purpose; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 October 2001.                                                                 J.K.G. OSWALD, Speaker.         Bill read a first time.

                 The Attorney-General 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.

 

Rail Transport
Facilitation Fund
Bill.

 

31.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 24 October 2001.

 

Postponement
of Business.

32.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 23 October 2001, at fifteen minutes past two o’clock.

 

Next Day of
Sitting.

33.

Council adjourned at six minutes past six o’clock until Tuesday, 23 October 2001, 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. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon