SOUTH AUSTRALIA]

No. 60

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  5  JUNE  2008

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. K. Sneath) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Police (The Hon. P. Holloway), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Legal Profession Bill.

                 Question put and passed.

 

Legal Profession
Bill.

   3.

The Minister for Police, 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.

   4.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Workers Rehabilitation and Compensation (Scheme Review) Amendment Bill.

 

In the Committee

 

                          Clause No. 44 further considered.

                 The Hon. M. C. Parnell moved on page 46, after line 14, to insert the following:

              “(2a)    Section 66(7)—delete subsection (7)

               (2b)    Section 66(9), (10) and (11)—delete subsections (9), (10) and (11)”.

                 Question - That the amendment be agreed to - put.

Workers
Rehabilitation and
Compensation
(Scheme Review)
Amendment Bill.

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 The Hon. M. C. Parnell moved on page 46, after line 21, to insert the following:

    “(15)     The Corporation must publish, in accordance with the regulations, any actuarial advice adopted by the Corporation in fixing or varying any percentage under this section.

     (16)      The Corporation must publish, on an annual basis, in accordance with the regulations, information that identifies—

      (a)       each employer whose payments of levies under this section in respect of a particular financial year exceed the costs of claims made under this Act in respect of compensable disabilities arising from employment by that employer during that financial year (after applying such assumptions and other principles as the Corporation thinks fit); and

      (b)      each employer whose payments of levies under this section in respect of a particular financial year total an amount that is less than the costs of claims made under this Act in respect of compensable disabilities arising from employment by that employer during that financial year (after applying such assumptions and other principles as the Corporation thinks fit).”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 2

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 44 agreed to.

                          Clauses No. 45 to No. 56 agreed to.

                          The Hon. S. M. Kanck moved on page 52, after line 10, to insert new clause 56A as follows:

56A—Amendment of section 84—Evidence

Section 84—after its present contents (now to be designated as subsection (1) insert:

      (2)       However, the Tribunal must not—

      (a)       receive any evidence in the form of, or attained through the use of, any photographs, films or video or audio recordings, unless the evidence was obtained under an authorisation issued in accordance with a scheme established by the regulations; or

      (b)      receive any other form of evidence that appears to have been unfairly obtained.

      (3)       The Tribunal must, for the purposes of its proceedings—

      (a)       take steps to ensure that it receives all relevant evidence from any relevant source, including through exercising, as necessary, its powers on an inquisitional basis and by obtaining any form of evidence it thinks fit; and

      (b)      in the case of a dispute under Part 6A—test the veracity and merit of the relevant compensating authority's decision that has given rise to the matter in dispute.

      (4)       Without limiting subsection (3), if it appears in any proceedings before the Tribunal that a person may have acted in contravention of this Act, the Tribunal may investigate the matter.

      (5)       For the purposes of an investigation under subsection (4) (and without limiting any other power of the Tribunal), a member of the Tribunal, or a person authorised by the Tribunal, may exercise the powers of an authorised officer under section 110.

      (6)       A person is not excused from providing information to the Tribunal, or to a person acting under subsection (5), on the ground of legal professional privilege.”.

                 Question - That new clause 56A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 2

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 17

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 57 agreed to.

                          Clause No. 58 read.

                 The Hon. M. C. Parnell moved on page 52, after line 23, to insert the following:

           “(4)   Section 86A—after subsection (3) insert:

      (4)       No fees may be imposed with respect to a party (other than the relevant compensating authority) commencing proceedings by way of an appeal or a reference of a question of law to a Full Bench of the Tribunal or the Supreme Court if the subject-matter of the appeal or the reference relates to an opinion from a Medical Panel under Part 6C.”.

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

                          Clause No. 58 agreed to.

                          Clauses No. 59 to No. 61 agreed to.

                 The Hon. M. C. Parnell moved on page 52, after line 29, to insert new clause 61A as follows:

61A—Amendment of section 88G—Recovery of costs of representation

      (1)       Section 88G(1)—delete "A" and substitute:

Subject to subsection (2), a

      (2)       Section 88G(1)—delete "by regulation" and substitute:

by Rules of the Tribunal

      (3)       Section 88G(2)—delete subsection (2) and substitute:

      (2)       The Tribunal may allow a representative to exceed a limit applying under subsection (1) if the Tribunal determines that exceptional circumstances exist.

      (3)       The scale that applies under subsection (1) must be as close as is reasonably practicable to the scale that applies in relation to civil proceedings in the Supreme Court.”.

                 Question - That new clause 61A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 62 and No. 63 agreed to.

                 The Hon. M. C. Parnell moved on page 53, after line 4, to insert new clause 63A as follows:

63A—Amendment of section 89A—Reviewable decisions

Section 89A(1)—after paragraph (b) insert:

     (ba)     without limiting paragraph (b)—a decision on a request for assistance with rehabilitation made by a worker;”.

                 Question - That new clause 63A, as proposed to be inserted, be so inserted - put and negatived.

                 The Hon. M. C. Parnell moved on page 53, after line 4, to insert new clause 63A as follows:

63A—Substitution of Part 6A Division 3

Part 6A Division 3—delete Division 3 and substitute:

Division 3—Reference of dispute

91—Reference of dispute

The Registrar must refer a dispute for conciliation (unless the dispute is brought to an end before this step is taken by the Registrar).”.

                 Question - That new clause 63A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 5

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 The Hon. M. C. Parnell moved on page 53, after line 4, to insert new clause 63B as follows:

63B—Amendment of section 92C—Procedure in conciliation proceedings

Section 92C—after subsection (7) insert:

      (8)       No more than 2 conciliation conferences may be held in particular proceedings without the agreement of the parties (and, subject to obtaining that agreement at the end of a second or subsequent conference, or within a reasonable time thereafter, and subject to any other determination of the conciliator, if the matter remains resolved after the conclusion of the conciliation conferences then it will be taken that the conciliation proceedings have not resulted in an agreed settlement of the dispute).”.

                 Question - That new clause 63B, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 64 to No. 67 agreed to.

                 The Hon. M. C. Parnell moved on page 53, after line 22, to insert new clause 67A as follows:

67A—Amendment of section 95—Costs

Section 95—after subsection (5) insert:

      (6)       Costs cannot be awarded against a party (other than the relevant compensating authority) in proceedings by way of an appeal or a reference of a question of law to a Full Bench of the Tribunal or the Supreme Court if the subject-matter of the appeal or the question relates to an opinion from a Medical Panel under Part 6C.”.

        Question - That new clause 67A, as proposed to be inserted, be so inserted - put and negatived.

                 The Hon. M. C. Parnell moved on page 53, after line 22, to insert new clause 67A as follows:

67A—Amendment of section 95—Costs

      (1)       Section 95(1)—delete subsection (1) and substitute:

      (1)       A party (other than the relevant compensating authority) is entitled, subject to this Part and to limits prescribed by regulation, to an award against the relevant compensating authority for the party's reasonable costs of proceedings for resolution of the dispute under this Part (including proceedings by way of an appeal or a reference of a question of law to a Full Bench of the Tribunal or the Supreme Court).

      (2)       Section 95(5)—delete subsection (5) and substitute:

      (5)       An award of legal costs cannot exceed—

      (a)       unless paragraph (b) applies—85% of the designated amount;

      (b)      in the case of proceedings before the Full Bench of the Tribunal or before the Supreme Court—the designated amount.

      (6)       For the purposes of subsection (5), the designated amount is—

      (a)       in the case of proceedings before the Tribunal—the amount that would be allowable under the relevant Supreme Court scale if the proceedings were in the Supreme Court;

      (b)      in the case of proceedings before the Supreme Court—the amount allowable under the relevant Supreme Court scale.”.

        Question - That new clause 67A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 68 read.

                 The Hon. M. C. Parnell moved on page 54, after line 21, to insert the following:

             “(4a)     However, the act or omission of the professional representative must be the sole or predominant cause of the default under subsection (2).”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 5

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 68 agreed to.

                          Clause No. 69 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 motion.

 

 

   5.

At one minute past 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 Clerk announced that the following Petitions had been lodged for presentation:

By the Hon. S. M. Kanck from 19 residents of South Australia, concerning abortion in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

Petitions:
No. 25 - Abortion in
South Australia.

 

By the Hon S. M. Kanck from 43 residents of South Australia, concerning water allocations and River Murray environmental flows.  The Petitioners pray that this Honourable House will do all in its power to promote the buy-back of water allocations by State and Federal Governments in order to improve environmental flows and support sustainable agriculture.

 

No. 26 - Water
Allocations and
River
Murray
Environmental
Flows.

 

    7.

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

        By the President -

                 Report of the Legislative Council, 2006-2008.

        By the Minister for Environment and Conservation (The Hon. G. E. Gago) -

                 Corporation By-laws - City of Norwood, Payneham and St. Peters -

                          No. 1 - Permits and Penalties.

                          No. 2 - Moveable Signs.

                          No. 3 - Roads.

                          No. 4 - Local Government Land.

                          No. 5 - Dogs.

 

Papers.

    8.

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

        By the Minister for Police -

                Budget Overview 2008-2009 Budget Paper No. 1.

                Budget Speech 2008-2009 Budget Paper No.2.

                Budget Statement - 2008-2009 Budget Paper No. 3.

                Portfolio Statements -Volume 1 -2008-2009 Budget Paper No. 4.

                Portfolio Statements -Volume 2 -2008-2009 Budget Paper No. 4.

                Portfolio Statements -Volume 3 -2008-2009 Budget Paper No. 4.

                Capital Investment Statement - 2008-2009 Budget Paper No. 5.

                Regional Statement - 2006-2007 Budget Paper No. 6.

 

Budget Papers.

    9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Workers Rehabilitation and Compensation (Scheme Review) Amendment Bill.

 

In the Committee

 

                          Clause No. 69 further considered.

                 The Minister for Police, by leave, tabled a document titled “WorkCover Data: Redemption Numbers by Financial Year to 30 June 2007”.

                          Clause No. 69 agreed to.

                 The Hon. M. C. Parnell moved on page 55, after line 3, to insert new clause 69A as follows:

69A—Amendment of section 97B—Powers of Tribunal on application

Section 97B—after subsection (1) insert:

     (1a)      If—

      (a)       a worker applies to the Tribunal for expedited determination of a claim; and

      (b)      the medical evidence before the relevant compensating authority supports the claim; and

      (c)       the relevant compensating authority does not, within 5 business days after being served with notice of the application, seek additional medical evidence in relation to the matter; and

      (d)      the Tribunal is satisfied that there appears to be no other reasonable grounds to dispute the worker's entitlement in relation to the claim,

the Tribunal must decide the matter in favour of the worker.”.

                 Question - That new clause 69A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 70 read.

                 The Hon. M. C. Parnell moved on page 55, after line 24, to insert the following:

    “(5a)     On completion of the processes under subsections (3) and (4), the Minister must provide the name and details of any person under consideration for appointment by the Governor under subsection (2) to—

      (a)       the United Trades and Labor Council; and

      (b)      South Australian Employers' Chamber of Commerce and Industry Inc,

and either of those bodies may, within 4 weeks after receiving the name and details, object to the person being recommended to the Governor.

     (5b)     If the Minister receives an objection within the period contemplated by subsection (5a), the Minister must consult with the body making the objection and if after consultation the body still maintains its objection and the Minister proceeds to make the recommendation, the Minister must cause a report on the matter to be prepared and have copies of the report laid before both Houses of Parliament.”.

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

                 The Hon. J. A. Darley moved on page 57, lines 30 to 37, to leave out paragraph (b), lines 38 to 40, to leave out paragraph (c), page 58, lines 3 to 5, to leave out paragraph (e), lines 8 to 9, to leave out paragraph (g) and lines 13 to 14, to leave out paragraph (i).

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

                 The Hon. M. C. Parnell moved on page 58, lines 15 to 23, to leave out paragraphs (j) and (k).

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

                 The Hon. M. C. Parnell moved on page 58, lines 24 to 26, to leave out paragraph (l), and lines 27 to 29, to leave out paragraph (m).

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

                 The Hon. M. C. Parnell moved on page 58, lines 30 and 31, to leave out paragraph (n), and lines 37 to 39, to leave out paragraph (q).

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

                 The Hon. M. C. Parnell moved on page 58, line 40, to leave out paragraph (r).

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

                 The Hon. M. C. Parnell moved on page 59, line 2, to leave out “require a worker” and insert “with the agreement of the worker, refer a worker”, and line 6, to leave out “to submit himself or herself”.

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

Workers
Rehabilitation and
Compensation
(Scheme Review)
Amendment Bill.

 

                 The Hon. M. C. Parnell moved on page 59, lines 10 to 12, to leave out subsection (3).

                 The Hon. J. A. Darley moved on page 59, lines 10 to 12, to leave out subsection (3) and insert the following:

     “(3)      The Tribunal must invite submissions from any party to the relevant proceedings (or his or her representative) before imposing a requirement under subsection (2).”

                 Question - That subsection (3) as proposed to be struck out, stand as printed - put and passed.

                 The Hon. M. C. Parnell moved on page 59, after line 31, to insert the following:

          “(2a)     Any question of law—

          (a)       that has been raised by a party; and

          (b)       that is in dispute; and

          (c)       that is relevant to the medical question,

      must have been resolved by a determination of the Tribunal as part of the proceedings between the parties before the medical question may be referred to the Medical Panel.”.

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

                 The Hon. M. C. Parnell moved on page 60, lines 1 to 9, to leave out subsection (5).

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

                 The Hon. M. C. Parnell moved on page 60, after line 18, to insert the following:

              “(8)      The Medical Panel must cause a reasonable record of its proceedings to be made and kept in accordance with guidelines established by the Minister after consultation with the Law Society of South Australia Inc.”.

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

                 The Hon. M. C. Parnell moved on page 60, lines 28 to 33, to leave out subsection (4) and insert the following:

     “(4)      The opinion of a Medical Panel on a medical question referred to the Medical Panel is evidence that will apply for the purposes of determining any relevant question or matter in the absence of evidence to the contrary (and that may apply despite other evidence if it outweighs that other evidence).”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 3

The Hon. J. A. Darley

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 16

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                 The Hon. J. A. Darley moved on page 60, after line 33, to insert the following:

              “(5)      Subsection (4) does not prevent the Tribunal making a finding of fact, including a finding of fact as to a medical question, on the basis of other evidence that it receives in proceedings before the Tribunal.”.

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

                 The Hon. M. C. Parnell moved on page 61, lines 24 to 28, to leave out subsection (3).

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

 

 

                 The Hon. M. C. Parnell moved on page 64, after line 28 to insert the following:

             “(6a)     Without limiting a preceding subsection, the WorkCover Ombudsman must include in the WorkCover Ombudsman's annual report information about the extent to which disabled workers have been able to return to work during the course of the relevant financial year (whether on a permanent or temporary basis and whether in previous or new employment or work).”.

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

                 The Hon. M. C. Parnell moved on page 64, after line 28, to insert the following:

             “(6a)     The Industrial Court may, by order, on the application of the WorkCover Ombudsman, enforce a direction or determination of the WorkCover Ombudsman under subsection (1).”.

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

                 The Hon. S. M. Kanck moved on page 66, after line 8, to insert the following:

99HA—Abrogation of legal professional privilege

         A person is not excused from providing information to the WorkCover Ombudsman in accordance with a requirement imposed under this Part on the ground of legal professional privilege.”.

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

                          Clause No. 70 agreed to.

                          Clause No. 71 read.

                 The Hon. M. C. Parnell moved on page 68, after line 12, to insert the following:

           “(2)      Section 103A—after subsection (2) insert:

          (3)   Without limiting any regulation made under subsection (1), the following classes of persons performing the following classes of work will be taken to be prescribed for the purposes of this section:

      (a)       volunteer fire‑fighters with respect to the following classes of work:

       (i)       any activity directed towards—

      (A)      preventing, controlling or extinguishing fires;

      (B)      dealing with other emergencies that require SACFS to act to protect life, property or the environment;

      (ii)       attending in response to a call for assistance by SACFS;

      (iii)      attending a SACFS meeting, competition, training course or other organised activity;

      (iv)      carrying out any other function or duty associated with the activities of SACFS under the Fire and Emergency Services Act 2005 or the Emergency Management Act 2004;

      (b)      SASES volunteers with respect to the following classes of work:

       (i)       any activity directed towards dealing with an emergency, or undertaking a rescue;

      (ii)       attending in response to a call for assistance by SASES;

      (iii)      attending a SASES meeting, competition, training course or other organised activity;

      (iv)      carrying out any other function or duty associated with the activities of SASES under the Fire and Emergency Services Act 2005 or the Emergency Management Act 2004.

      (4)       In this section—

emergency has the same meaning as in the Fire and Emergency Services Act 2005;

SACFS means the South Australian Country Fire Service;

SASES means the South Australian State Emergency Service;

SASES volunteer means—

      (a)       a member of SASES; or

 

 

      (b)      a person who, at the request or with the approval of a member of SASES who is apparently in command of any SASES operations, assists with dealing with an emergency or the threat of an emergency,

who receives no remuneration in respect of his or her service in that capacity;

volunteer fire‑fighter means—

      (a)       a member of SACFS; or

      (b)      a fire control officer under the Fire and Emergency Services Act 2005; or

      (c)       a person who, at the request or with the approval of a member of SACFS who is apparently in command of any SACFS operations, assists with dealing with a fire or other emergency or the threat of a fire or other emergency,

who receives no remuneration in respect of his or her service in that capacity.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 5

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. I. K. Hunter

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo (Teller)

 

 

 

 

                          Clause No. 71 agreed to.

                          Clause No. 72 agreed to.

                          Clause No. 73 read.

                 The Hon. M. C. Parnell moved on page 68, after line 19, to insert the following:

           “(1)   Section 106—after subsection (1) insert:

     (1a)      Without limiting subsection (1), if the only reason for a delay in the determination of a claim relates to the amount of compensation to be paid to a disabled worker, the Corporation should seek to make an interim payment or interim payments that reflect the extent to which the parties are not in dispute.”.

                 And after line 22, to insert the following:

              “(4)      For the purposes of this section, a reference to the final determination of a claim includes a reference to the completion of any proceedings under Part 6A.”.

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

                          Clause No. 73 agreed to.

                 The Hon. M. C. Parnell moved on page 68, after line 22, to insert new clause 73A as follows:

73A—Insertion of section 106AA

After section 106 insert:

106AA—Interest

      (1)       If—

      (a)       an amount is payable under this Act by a compensating authority; and

      (b)      the amount is not paid within a time determined in accordance with the regulations; and

      (c)       no other provision is made under this Act for the payment of interest on the unpaid amount,

the amount payable will be increased by interest at the prescribed amount.

      (2)       In this section—

compensating authority means the Corporation or a self‑insured employer.”.

                 Question - That new clause 73A, as proposed to be inserted, be so inserted - put.

 

 

             Committee divided:

Ayes, 5

The Hon. J. A. Darley

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. M. C. Parnell

The Hon. S. M. Kanck (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 14

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

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. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 74 read.

                 The Hon. J. A. Darley moved on page 68, after line 26, to insert the following:

             “(1a)     Section 107B—after subsection (3) insert:

     (3a)      If a worker has died as a result of a compensable disability, a reference in this section to a worker will be taken to include a reference to a person who has an entitlement to a payment under section 44 or 45A on account of the death of the worker.”.

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

                          Clause No. 74 agreed to.

                 The Hon. M. C. Parnell moved on page 68, after line 28, to insert new clause 74A as follows:

74A—Insertion of section 107C

After section 107B insert:

107C—Worker's right to be accompanied to a medical appointment

      (1)       Subject to subsection (2), a worker who is attending an appointment with a medical expert or Medical Panel in connection with the operation of this Act is entitled to be accompanied by a companion.

      (2)       Subsection (1) does not apply if the medical expert or Medical Panel requests on any reasonable ground that the companion not attend.”.

                 Question - That new clause 74A, as proposed to be inserted, be so inserted - put and negatived.

Clause No. 75 agreed to.

 

 

                 The Hon. M. C. Parnell moved on page 68, after line 33, to insert new clause 75A as follows:

75A—Insertion of section 111A

After section 111 insert:

111A—Inspection of workplaces by officials of employee associations

      (1)       An official of an employee association may, at any reasonable time, enter any workplace at which 1 or more members of the association work if the employee association has assessed, on reasonable grounds—

      (a)       that workers at the workplace have suffered a significant number of compensable disabilities; or

      (b)      that a significant number of workers at the workplace are concerned about the rehabilitation programs and arrangements that apply at the workplace.

      (2)       An official of an employee association who has entered a workplace under subsection (1) may—

      (a)       inspect work carried out at the workplace and note the conditions under which work is carried out; and

      (b)      interview any person who works at the workplace about—

       (i)       the performance of work at the workplace; and

      (ii)       arrangements associated with rehabilitation programs at the workplace and the implementation of relevant rehabilitation and return to work plans.

      (3)       The powers conferred by subsections (1) and (2) may be exercised at a time when work is being carried out at the workplace.

      (4)       Before an official exercises powers under subsections (1) and (2), the official must give reasonable notice to the employer.

      (5)       For the purposes of subsection (4)—

      (a)       the notice must be in writing; and

      (b)      a period of 24 hours notice will be taken to be reasonable unless some other period is reasonable in the circumstances of the particular case.

      (6)       An official exercising a power under subsection (1) or (2) must not interrupt the performance of work at the workplace.

Maximum penalty: $3 000.

      (7)       In this section—

employee association means an association of employees registered under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the Commonwealth.”.

                 Question - That new clause 75A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 76 to No. 78 agreed to.

                 The Hon. M. C. Parnell moved on page 70, after line 16, to insert new clauses 78A and 78B as follows:

78A—Amendment of section 115—No contribution from workers

Section 115(2)—delete subsection (2)

  78B—Insertion of section 115A

After section 115 insert:

115A—Discrimination against workers—employers

      (1)       An employer must not—

      (a)       injure a worker in employment; or

      (b)      threaten, intimidate or coerce a worker; or

      (c)       discriminate against a worker in connection with employment,

by reason of the fact that—

      (d)      the worker has made a claim under this Act; or

      (e)       the employer is liable to pay any sum under this Act to or in relation to the worker.

Maximum penalty: $ 2 000.

      (2)       If in proceedings under this section all the facts constituting the offence other than the reason for the defendant's action are proved, the onus of proving that the act of the employer was not actuated by the reason alleged in the charge lies on the defendant.

      (3)       If a person is convicted of an offence against this section, the court may, in addition to any penalty that it may impose, make an order requiring the person to compensate a worker for any monetary loss suffered by virtue of the contravention constituting the offence.”.

                 Question - That new clause 78A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                 Question - That new clause 78B, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

 

 

                 The Hon. S. M. Kanck moved on page 70, after line 16, to insert new clause 78A as follows:

78A—Insertion of section 115A

After section 115 insert:

115A—Worker not required to disclose certain information

A person who has received compensation under this Act in respect of a compensable disability is not required to disclose to a prospective employer (and may treat any relevant question as not requiring him or her to disclose to a prospective employer) information concerning the fact of—

      (a)       the occurrence of the disability; or

      (b)      the making of a claim under this Act; or

      (c)       the payment of compensation,

unless the disclosure is reasonably required for, or in connection with, the rehabilitation of the person or an issue associated with occupational health, safety or welfare.”.

                 Question - That new clause 78A, as proposed to be inserted by the Hon. A. M. Bressington, be so inserted - put and negatived.

                          Clause No. 79 read.

                 The Hon. M. C. Parnell moved on page 70, lines 19 to 23, to leave out subsection (4) and insert the following:

     “(4)      Subsections (2) and (3)—

      (a)       do not apply to—

       (i)       any action taken by an employer with the consent of the Corporation; or

      (ii)       any agreement or arrangement entered into by an employer with, or with the consent of, the Corporation,

provided that a worker is not disadvantaged; and

      (b)      do not apply to any action, agreement or arrangement that advantages a worker.”.

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

                          Clause No. 79 agreed to.

                          Clause No. 80 agreed to.

                 The Hon. S. M. Kanck moved on page 70, after line 26, to insert new clauses 80A, 80B and 80C as follows:

80A—Insertion of section 121

After section 120A insert:

121—Dispute as to happening of event

      (1)       If, in any proceedings under this Act—

      (a)       the happening of an event of any description is in question; and

      (b)      in the course of a business, a system has been followed to make and keep a record of the happening of all events of that description,

oral or other evidence to establish that there is no record of the happening of the event in question is admissible to prove that the event did not happen.

      (2)       If evidence is, or is proposed to be, tendered under this section, the body before which the evidence is, or is to be, tendered may—

      (a)       require that the whole or a part of the record concerned be produced; and

      (b)      if the whole or a part of the record required to be produced is not produced—reject the evidence or, if it has been received, exclude it.

80B—Amendment of section 122—Offences

Section 122(4)—delete subsection (4)

 

 

80C—Insertion of section 122AA

After section 122 insert:

122AA—Special offences relating to officers of Corporation

      (1)       A prescribed person who—

      (a)       dishonestly obstructs or interferes with a disabled worker's right—

       (i)       to make a legitimate claim for compensation under this Act; or

      (ii)       to commence proceedings at common law on account of the worker's compensable disability; or

      (b)      deceives a disabled worker with a view to the worker withdrawing or discontinuing a claim or proceedings of a kind referred to in paragraph (a); or

      (c)       takes steps to improperly influence any process under this Act,

is guilty of an offence.

Maximum penalty: $50 000 or imprisonment for 1 year.

      (2)       A person who—

      (a)       aids, abets, counsels or procures the commission of an offence against subsection (1); or

      (b)      solicits or incites the commission of such an offence,

is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 1 year.

      (3)       If proceedings for an offence are commenced under this section the Director of Public Prosecutions must prepare a report on the matter and furnish the report to the Attorney-General and the Minister.

      (4)       In this section—

prescribed person means—

      (a)       a member of the staff of the Corporation; or

      (b)      a person acting on behalf of the Corporation.”.

                 Question - That new clause 80A, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That new clause 80B, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That new clause 80C, as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 The Hon. M. C. Parnell moved on page 70, after line 26, to insert new clause 80A as follows:

80A—Insertion of section 123

After section 122A insert:

123—Civil penalties

      (1)       An application may be made under this section to the Industrial Court to recover an amount as a civil penalty from a person who has acted in contravention of this Act.

      (2)       An application may not be made under this section in respect of a contravention of a provision of this Act that constitutes an offence—

      (a)       unless the Corporation has served on the person a notice in the prescribed form advising the person that the person may elect to be prosecuted for the contravention and the person has been allowed not less than 21 days after service of the Corporation's notice to make such an election in accordance with the regulations; or

      (b)      if the person serves written notice on the Corporation, before the making of such an application, that the person elects to be prosecuted for the contravention.

      (3)       If, on application under this Act, the Industrial Court is satisfied on the balance of probabilities that a person has contravened the provision of the Act to which the application relates, the Industrial Court may order the person to pay an amount as a civil penalty.

      (4)       The maximum amount that may be awarded under this section is—

      (a)       in the case of an award against a natural person—$50 000;

(b)    in the case of an award against a body corporate—$150 000.

 

 

      (5)       In determining the amount to be paid by a person as a civil penalty, the Industrial Court must have regard to—

      (a)       the nature and extent of the contravention; and

      (b)      any detriment resulting from the contravention; and

      (c)       any financial saving or other benefit that the person stood to gain by committing the contravention; and

      (d)      whether the person has previously been found, in proceedings under this Act, to have engaged in any similar conduct; and

      (e)       the deterrent effect that the amount to be paid may have on the person who has committed the contravention; and

       (f)       any other matter it considers relevant.

      (6)       Proceedings for an order under this section that a person pay an amount as a civil penalty in relation to the contravention of a provision of this Act, or for enforcement of such an order, are stayed if criminal proceedings are started or have already been started against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.

      (7)       Proceedings referred to in subsection (6) may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person.

      (8)       Evidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—

      (a)       the person gave the evidence or produced the documents in the course of proceedings under this section for the recovery of an amount as a civil penalty; and

      (b)      the conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the contravention of this Act giving rise to the proceedings under this section.

      (9)       However, subsection (8) does not apply to criminal proceedings in respect of the making of a false or misleading statement.

     (10)      Proceedings may only be commenced under this section by—

      (a)       the Corporation; or

      (b)      a worker who has suffered a compensable disability; or

      (c)       an employee association where the relevant contravention had, or could potentially have, a detrimental affect on a member, or a person eligible to become a member, of the association.

     (11)      Proceedings under this section may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at any later time within 5 years after the date of the alleged contravention.

     (12)      An apparently genuine document purporting to be under the hand of the Attorney‑General and to authorise the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.

     (13)      The Industrial Court may join the Corporation, or any worker or employee association, as a party to any proceedings under this section (as if the Corporation, the worker or the employee association were an applicant under this section).

     (14)      The Industrial Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.

     (15)      An amount recovered as a civil penalty under this section—

      (a)       may be paid into the Compensation Fund; or

      (b)      may be paid to any worker who has been adversely affected by the contravention of the relevant provision; or

      (c)       may be divided into 2 or more parts and paid under any combination of payments under paragraph (a) or (b) (or both),

as determined by the Industrial Court.

     (16)      In this section—

employee association means an association of employees registered under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the Commonwealth.”.

                 Question - That new Clause 80A, as proposed to be inserted by the Hon. M. C. Parnell, be so inserted - put and negatived.

                          Clause No. 81 read.

 

 

                 The Hon. S. M. Kanck moved on page 70, line 36, to leave out “authority” and insert “entity”.

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

                 The Hon. M. C. Parnell moved on page 70, after line 38, to insert the follows:

“(ab)    setting out requirements for a relevant authority to provide appropriate information to claimants or potential claimants, including information about—

       (i)       the extent to which the worker is entitled to the provision of rehabilitation and support, including through the provision of equipment, facilities or services at home; and

      (ii)       the extent to which the relevant authority may assist with the payment of accounts for medical services, including through the making of direct payments to service providers; and

      (iii)      the processes involved in claiming and receiving compensation for any permanent impairment; and”.

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

                 The Hon. S. M. Kanck moved on page 71, after line 24, to insert the following:

             123C—Injured Workers Advisory Committee

(1)     The Minister must establish a committee to be called the Injured Workers Advisory Committee.

(2)     Subject to subsection (3), the committee consists of 9 members appointed by the Minister on the basis that they are considered by the Minister to be suitable representatives of workers who have suffered compensable disabilities.

(3)     1 member of the committee must be a person nominated by—

(a)    the National Committee of Whistleblowers Australia Inc; or

(b)    the National Committee of Transparency International.

(4)     At least 1 member of the committee must be a woman and at least 1 must be a man.

(5)     The members of the committee will hold office on terms and conditions determined by the Minister and, at the expiration of a term of office, are eligible for reappointment.

(6)     The functions of the committee are—

(a)    to provide advice to the Minister on matters relating to workers rehabilitation and compensation; and

(b)    to make recommendations relating to—

       (i)       the matters to be addressed in the Code of Claimants' Rights; and

      (ii)       any proposals to vary the Code; and

(c)    to carry out other functions assigned to the committee by the Minister.

(7)     The Minister will appoint 1 of the members of the committee to be the presiding member of the committee.

(8)     The procedures of the committee will be determined by the committee except that—

(a)    a quorum of the committee is 5 members; and

(b)    a decision supported by a majority of members present at a meeting of the committee is a decision of the committee.

(9)     The committee must meet at least 6 times in any year.

(10)   The committee may, with the approval of the Minister, establish subcommittees to assist the committee.

(11)   A subcommittee may, but need not, consist of, or include, members of the committee”.

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

                          Clause No. 81 agreed to.

                          Clauses No. 82 and No. 83 agreed to.

                          Schedule 1 read.

 

 

                 The Hon. M. C. Parnell moved on page 74, lines 21 and 22, to leave out “(in this clause referred to as the new provisions)”, lines 24 to 38, to leave out subclauses (2) and (3) and on page 75, lines 1 to 9, to leave out clause 5, and insert the following:

5—Discontinuance of weekly payments

The amendments made to section 36 of the principal Act by section 16(1), (2) and (3) of this Act extend to weekly payments commenced before the relevant day, or commenced on or after the relevant day, in relation to compensable disabilities occurring before the relevant day but otherwise the amendments made by section 16 of this Act only apply in relation to workers who suffer compensable disabilities on or after the relevant day.”.

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

                          Schedule 1 agreed to.

                 The Hon. J. A. Darley moved on page 77, after line 4, to insert new Schedule 2 as follows:

Schedule 2—Review

1—Review

      (1)       The Minister must, as soon as practicable after 31 December 2010, appoint an independent person to carry out a review concerning—

      (a)       the impact of this Act on workers who have suffered compensable disabilities and been affected by the operation of this Act; and

      (b)      the impact of this Act on levies paid by employers under Part 5 of the principal Act; and

      (c)       the impact of this Act on the sufficiency of the Compensation Fund to meet the liabilities of the WorkCover Corporation of South Australia under the principal Act; and

      (d)      such other matters as the Minister may determine.

      (2)       The person appointed by the Minister under subclause (1) must present to the Minister a report on the outcome of the review no later than 4 months following his or her appointment.

      (3)       The Minister must, within 6 sitting days after receiving the report, have copies of the report laid before both Houses of Parliament.

      (4)       In this clause, terms used have meanings consistent with the meanings they have in the principal Act.

      (5)       In this clause—

principal Act means the Workers Rehabilitation and Compensation Act 1986.”.

                 Question - That new Schedule 2, as proposed to be inserted by the Hon. J. A. Darley, be so inserted - put.

 

 

             Committee divided:

Ayes, 12

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. J. A. Darley (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

 

                          New Schedule 2 inserted.

                          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 Minister for Police, 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.

                 Ordered - That the third reading of the Bill be taken into consideration on motion.

 

 

10.

At ten minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At twenty six minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

  11.

The Minister for Police, according to order, moved - That the Workers Rehabilitation and Compensation (Scheme Review) Amendment Bill be now read a third time.

                 Debate ensued.

                 Question - That the Bill be now read a third time - put.

Workers
Rehabilitation and
Compensation
(Scheme Review)
Amendment Bill.

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. J. A. Darley

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. M. C. Parnell (Teller)

 

 

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the WorkCover Corporation (Governance Review) 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. 4 agreed to.

                 The Hon. J. A. Darley moved on page 2, after line 12, to insert new clause 4A as follows:

4A—Amendment of section 5—Constitution of board of management

Section 5(2)—delete subsection (2) and substitute:

      (2)       The board consists of 9 members appointed by the Governor on the nomination of the Minister, being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience necessary to enable the board to carry out its functions effectively.

     (2a)      Of those members:

      (a)       at least 1 must be a person experienced in rehabilitation; and

      (b)      at least 1 must be a person experienced in occupational health and safety; and

      (c)       at least 1 must be a person experienced in financial management, the management of capital through investments, and the area of insurance; and

      (d)      at least 1 must be an actuary; and

      (e)       at least 1 must be a person experienced in the self‑insured employer sector; and

       (f)       at least 1 must be a legal practitioner experienced in the area of workers compensation.”.

                 Question - That new clause 4A, as proposed to be inserted, be so inserted - put and negatived.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. R. D. Lawson moved on page 3, lines 22 and 23, to delete paragraph (d).

                   Question - That the amendment be agreed to - put.

WorkCover Corporation (Governance Review) Amendment Bill.

 

             Committee divided:

Ayes, 11

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

 

 

 

                          Clause No. 6, as amended, agreed to.

                          Clause No. 7 agreed to.

                          Clause No. 8 read.

                 The Hon. R. D. Lawson moved on page 4, line 7, after “the Minister” to insert “and the Treasurer”, line 22, after “the Minister” to insert “or the Treasurer” and on page 5, line 1, line 3 and line 20, after “the Minister” to insert “and the Treasurer” where occurring; on page 5, line 25, to leave out “Minister considers” and insert “Minister and the Treasurer consider”, line 26, after “the Minister” to insert “and the Treasurer” and line 28, after “the Minister” to insert “and the Treasurer”.

                 Question - That the amendments be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. D.G.E. Hood

The Hon. S. M. Kanck

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. K. Hunter

The Hon. R. P. Wortley

The Hon. P. Holloway (Teller)

 

 

 

 

 

                          Clause No. 8, as amended, agreed to.

                          Clauses No. 9 to No. 10 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 Police, 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.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 and No. 8 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 101 from the House of Assembly relating to the Firearms (Firearms Prohibition Orders) Amendment 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.

 

Firearms (Firearms
Prohibition Orders)
Amendment Bill.

15.

The Minister for Police, without notice, moved - That the Standing Orders be so far suspended as to enable the Clerk to deliver the Firearms (Firearms Prohibition Orders) Amendment Bill and Message to the Speaker of the House of Assembly whilst the Council is not sitting and notwithstanding the fact that the House of Assembly 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:
Delivery of
Bill and Message.

16.

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

 

Postponement
of Business.

17.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 17 June 2008, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

18.

Council adjourned at seven minutes past nine o’clock until Tuesday, 17 June 2008, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. J. A. Darley

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. B. V. Finnigan

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

 

The Hon. D.G.E. Hood

The Hon. I. K. Hunter

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. M. C. Parnell

 

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. S. G. Wade

The Hon. R. P. Wortley

The Hon. C. Zollo