SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  5  MAY  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 following Paper was laid upon the Table, viz.:

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 A 10-Year Vision for Science, Technology and Innovation in South Australia - Report.

 

Paper.

 

   3.

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

                 The Regulations 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
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Survey Act 1992 - Geodetic Datum.

 

Legislative
Review
Committee -
Nineteenth Report,
2003-2004.

 

   4.

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

Legislative
Review
Committee -
Twentieth Report,
2003-2004.

 

 

   5.

The Hon. J. M. Gazzola brought up the Report of the Legislative Review Committee on Regulations made under the Magistrates Court Act 1991, the District Court Act 1991 and the Supreme Court Act 1935, concerning Court Fees.

                 Ordered - That the Report be printed.  (Paper No. 214)

 

Legislative Review
Committee -
Magistrates Court
Act, District Court
Act and Supreme
Court Act -
Regulations -
Court Fees.

 

 

   6.

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

 

Ministerial
Statement Tabled.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

   9.

The Hon. J. M. Gazzola moved - That the Regulations under the Victims of Crime Act 2001 concerning Compensation, made on 18 December 2003 and laid on the Table of this Council on 17 February 2004, be disallowed.

                 Debate ensued.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday, 26 May 2004.

 

Victims of Crime
Act Regulations
re Compensation:

Motion for
Disallowance of.

 

 

10.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Occupational Safety, Rehabilitation and Compensation Committee on the Statutes Amendment (WorkCover Governance Reform) Amendment Bill 2003, be noted.

                 Debate ensued.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 26 May 2004.

 

Occupational Safety,
Rehabilitation and
Compensation
Committee -
Report on Statutes
Amendment
(WorkCover
Governance Reform)
Amendment Bill
be noted -
Motion re.

 

 

11.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the registration of midwives; to regulate midwifery for the purpose of maintaining high standards of competence and conduct by midwives in South Australia, and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 26 May 2004.

 

Midwives Bill.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved -

                  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.

                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.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 26 May 2004.

 

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

 

13.

The Hon. G. E. Gago, pursuant to notice, moved - That the Report of the Social Development Committee on an Inquiry into Obesity, be noted.

                 Debate ensued.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 26 May 2004.

 

Social Development
Committee -
Report on an
Inquiry into Obesity
be noted -
Motion re.

 

 

14.

The Hon. R. D. Lawson, having obtained leave to amend the motion of which notice had been given, moved -

                  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.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 26 May 2004.

 

Legislative Review
Committee
to examine the
establishment of a
Criminal Cases
Review
Commission -
Motion re.

 

15.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

16.

The Hon. C. Zollo, pursuant to notice, moved - That this Council notes and congratulates the South Australian Country Women’s Association on its seventy-five years of service to our community.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 26 May 2004.

 

South Australian
Country Women’s
Association -
Motion re.

 

17.

Ordered - That Notice of Motion (Private Business) No. 10 be an Order of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

19.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business Discharged.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

21.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

22.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

23.

Ordered - That Order of the Day (Private Business) No. 11 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business Discharged.

 

25.

Ordered - That Order of the Day (Private Business) No. 13 be discharged.

 

Business Discharged.

 

26.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business Discharged.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 23 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

28.

Ordered - That Order of the Day (Private Business) No. 24 be discharged.

 

Business Discharged.

 

29.

Ordered - separately - That Orders of the Day (Private Business) No. 25 to No. 28 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

30.

Ordered - That Order of the Day (Private Business) No. 29 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

31.

Ordered - separately - That Orders of the Day (Private Business) No. 30 to No. 35 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

32.

Ordered - That Order of the Day (Private Business) No. 36 be discharged.

 

Business Discharged.

 

33.

Ordered - That Order of the Day (Private Business) No. 37 be discharged.

 

Business Discharged.

 

34.

Ordered - That Order of the Day (Private Business) No. 38 be discharged.

 

Business Discharged.

 

35.

Ordered - separately - That Orders of the Day (Private Business) No.  39 to No. 53 be Orders of the Day for Wednesday, 26 May 2004.

 

Postponement
of Business.

 

36.

The Minister for Industry, Trade and Regional Development, by leave, tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning a Discussion Paper on Spent Conviction Legislation.

 

Ministerial
Statement Tabled.

 

37.

At three minutes to 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.

 

38.

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. 2 further considered and agreed to.

                          Clause No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 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, 26 May 2004.

 

Dignity in
Dying Bill.

 

39.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

.

                          Clause No. 5 further considered.

                 The Hon. A. J. Redford moved on page 10, lines 4 to 6, to leave out subclauses (1) and (2), and insert new subclauses as follow:

“(1)   There is to be a Health and Community Services Complaints Commissioner.

(2)     The office of the Commissioner will be held by the person for the time being holding the office of State Ombudsman.”

                 The Hon. S. M. Kanck moved - That the question be now put.

                 Question - That the motion be agreed to - put and passed.

                 Question - That subclause (1) be struck out and that new subclause (1), as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

                 And a Division having been called, the Committee proceeded to Divide.

                 The Hon. A. J. Reford, by leave, withdrew his call for a Division.

                 Question passed.

                 Question - That subclause (2) be struck out and that new subclause (2), as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

Health and
Community Services
Complaints Bill.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

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. A. J. Redford (Teller)

 

      So it passed in the negative.

 

Noes, 10

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

                          Clause No. 5, as amended, agreed to.

                          Clauses No. 6 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. A. J. Redford moved on page 12, lines 20 and 21, to leave out paragraph (m).

                 The Hon. N. Xenophon moved on page 12, line 20, to leave out “by the Minister or”.

                 The Hon. A. J. Redford, by leave, withdrew his amendment.

                 Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and passed.

                          Clause No. 9, as amended, agreed to.

                          Clauses No. 10 and No. 11 agreed to.

 

 

 

                          Clause No. 12 read.

                 The Hon. A. J. Redford moved on page 13, lines 3 to 11, to leave out subclauses (1) and (2) and insert the following:

“(1)   The Commissioner may establish such committees as the Commissioner thinks fit to assist the Commissioner in the performance of his or her functions under this Act.”

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 11

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. N. Xenophon

The Hon. A. J. Redford (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. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 12, as amended and otherwise amended, agreed to.

                          Clause No. 13 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.

 

 

 

40.

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

 

Next day
of Sitting.

 

 

41.

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

Message No. 64

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Authorised Betting Operations Act 2000, without any amendment.

House of Assembly, 5 May 2004.                                                        I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Authorised Betting Operations
(Betting Review)
Amendment Bill.

 

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Local Government Act 1999, without any amendment.

House of Assembly, 5 May 2004.                                                        I. P. LEWIS, Speaker.

 

Local Government (Flood Mitigation Infrastructure) Amendment Bill.

 

 

42.

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

 

Postponement
of Business.

 

43.

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

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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