[SOUTH AUSTRALIA]

No. 22

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  5  APRIL  2000

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of

Council.

   2.

The Hon. A. J. Redford brought up the Thirteenth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Thirteenth Report

1999-2000.

 

   3.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning National Sorry Day.

 

Paper Tabled.

 

   4.

The Treasurer (The Hon. R. I. Lucas) tabled an extract from the October 1999 ElectraNet Board Report.

 

Paper Tabled.

   5.

In accordance with Sessional Standing Order, the President made the following Statement relating to a request for a Citizen’s Right of Reply:

                                   ‘I have to advise that I have received a letter from Mr. Tom Glynn on behalf of the Kumarangk Legal Defence Fund Inc. requesting a right of reply in accordance with the Sessional Standing Order passed by this Council on 26 October 1999.

                                   This organisation, in its letter of 23 November 1999, considers that it has been “adversely referred to during proceedings of the Legislative Council”.

                                   Following the procedures set out in the Sessional Standing Order, I have given consideration to this matter and believe that it complies with the requirements of the Sessional Standing Order.  Therefore, I grant the request and direct that the reply of the Kumarangk Legal Defence Fund Inc. be incorporated in Hansard.’

                 And the Hon. A. J. Redford having sought leave to make a personal explanation relating to  the reply:

                 Leave granted.

 

Citizen’s

Right of Reply – President’s

Statement.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   7.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Tuna Feedlots at Louth Bay be noted.

                 Debate ensued.

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

                

Environment, Resources and Development Committee -

Report on Tuna Feedlots at Louth

Bay to be noted -Motion re.

 

   8.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council -

               I.      Condemns the Federal Government for its totally inappropriate and insensitive statements on the patronising and failed policy practised for 60 years of removing thousands of Aboriginal children from their parents and extended families into institutions and foster homes; and

             II.      Calls on the Prime Minister and the Minister for Aboriginal and Torres Strait Islander Affairs to correct this unfortunate interpretation of this miscarriage of social and human justice against Aboriginal people.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned until Wednesday next.

 

Federal

Government’s Statements on

Stolen

Generation -

Motion re.

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That this Council recommends to the Commonwealth Government that it should -

               I.      Follow the lead of the South Australian Parliament and express its deep and sincere regret at the forced separation of Aboriginal children from their families and homes; and

             II.      Apologise for disputing the veracity of the term “stolen generation” and adopt that expression as the appropriate nomenclature for referring to the forced removal of Aboriginal children from their parents during the twentieth century.

                 On motion of the Minister for Transport and Urban Planning, the debate was adjourned until Wednesday next.

 

Commonwealth Government’s

attitude towards

Stolen

Generation -

Motion re.

10.

Order of the Day read for the Report of the Select Committee on the Future of the Queen Elizabeth Hospital to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 5 July 2000.

 

Select Committee

on the Future of

the Queen

Elizabeth Hospital.

 

11.

Ordered - separately - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Occupational

Health, Safety and Welfare (Penalties and Payments)

Amendment Bill.

13.

The Hon. M. J. Elliott, pursuant to notice, moved - That this Council requests the Social Development Committee investigate and report upon the issue of the impact of Attention Deficit Hyperactivity Disorder on South Australian individuals, families and the community, and in particular -

               I.      recent stimulant medication prescription practices and trends within South Australia;

             II.      appropriate diagnosis and treatment protocols;

            III.      the accessibility of the internationally recognised multi-modal treatment approach to South Australian families of young people with the disorder; and

            IV.      any other related matter.

And the Hon. M. J. Elliott having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Attention Deficit Hyperactivity

Disorder -

Social Development Committee to investigate and

report upon -

Motion re.

14.

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.

 

15.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott - That this Council requests the Social Development Committee investigate and report upon the issue of the impact of Attention Deficit Hyperactivity Disorder on South Australian individuals, families and the community, and in particular -

               I.      recent stimulant medication prescription practices and trends within South Australia;

             II.      appropriate diagnosis and treatment protocols;

            III.      the accessibility of the internationally recognised multi-modal treatment approach to South Australian families of young people with the disorder; and

            IV.      any other related matter - be now resumed.

Debate resumed.

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

 

Attention Deficit Hyperactivity

Disorder -

Social Development Committee to investigate and

report upon -

Motion re.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 16 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That this Council expresses concern over the pressure placed on school councils and school communities to enter Partnerships 21 rapidly without a chance to properly assess the impact on their schools in both the long and short term:

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday next.

 

Partnerships 21 -Motion re.

18.

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

 

Postponement

of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Auditor-General, 1998-99, be noted:

                 Debate resumed.

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

 

Report of the

Auditor-General,

1998-99

to be noted -

Motion re.

 

20.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Gambling Industry Regulation Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 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 Wednesday next.

 

Gambling

Industry

Regulation Bill.

21.

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

 

Postponement

of Business.

 

22.

Ordered - That Order of the Day (Private Business) No. 26 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

23.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

24.

On the Order of the Day being read for the adjourned debate on the question - That the Native Title (South Australia) (Validation and Confirmation) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Native Title

(South Australia)

(Validation and Confirmation) Amendment Bill.

 

25.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 20 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

  26.

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

Message No. 34

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Messages from

House of

Assembly:

Tobacco Products Regulation

(Evidence of Age) Amendment Bill.

 

 

 

Message No. 35

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to allow visiting health professionals to provide health care services in the State in connection with special events without becoming registered under State law; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 4 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Health

Professionals (Special Events Exemption) Bill.

 

 

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to encourage and assist home ownership, and to offset the effect of the GST on the acquisition of a first home, by establishing a scheme for the payment of grants to first home owners, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

First Home

Owner

Grant Bill.

 

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to repeal the Agricultural Holdings Act 1891, the Dairy Industry Assistance (Special Provisions) Act 1978, the Fruit and Vegetables (Grading) Act 1934, the Garden Produce (Regulation of Delivery) Act 1967, the Margarine Act 1939, the Marginal Dairy Farms (Agreement) Act 1971, the Rural Industry Adjustment (Ratification of Agreement) Act 1990 and the Rural Industry Assistance (Ratification of Agreement) Act 1985, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

Statutes Repeal (Minister for

Primary Industries and Resources Portfolio) Bill.

 

 

Message No. 38

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Prices Act 1948, without any amendment.

House of Assembly, 5 April 2000.                                                                      J.K.G. OSWALD, Speaker.

 

Prices

(Miscellaneous) Amendment Bill.

 

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Health Commission Act 1976 and to make related amendments to the Ambulance Services Act 1992, the Blood Contaminants Act 1985, the Children’s Services Act 1985, the Controlled Substances Act 1984, the Cremation Act 1981, the Drugs Act 1908, the Food Act 1985, the Guardianship and Administration Act 1993, the Housing Improvement Act 1940, the Institute of Medical and Veterinary Science Act 1982, the Medical Practitioners Act 1983, the Mental Health Act 1993, the Public and Environmental

South Australian Health Commission (Administrative Arrangements) Amendment Bill.

 

 

        Health Act 1987, the Radiation Protection and Control Act 1982,  the Reproductive Technology Act 1988, the Sexual Reassignment Act 1988, the Supported Residential Facilities Act 1992, the Tobacco Products Regulation Act 1997 and the Transplantation and Anatomy Act 1983, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

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

 

 

 

Message No. 40

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Children’s Protection Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 April 2000.                                                                      J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

 

Children’s

Protection (Mandatory Reporting and Reciprocal Arrangements) Amendment Bill.

27.

Ordered - That Orders of the Day (Government Business) No. 21 to No. 24 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

28.

Council adjourned at twelve minutes past eleven o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

 

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo