SOUTH AUSTRALIA]

No. 40

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  5  JULY  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 Treasurer (The Hon. R. I. Lucas), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Water Resources (Water Allocations) Amendment Bill.

                 Question put and passed.

 

Water Resources (Water Allocations) Amendment
Bill.

   3.

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

 

Legislative Review
Committee -
Twenty-second Report, 1999-2000.

 

   4.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Local Government (The Hon. D. C. Kotz, M.P.) concerning the Adelaide Parklands.

 

Ministerial Statement.

   5.

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

 

Statements
on Matters
of Interest.

 

   6.

The Hon. A. J. Redford, by leave, without notice, moved - That the Members of this Council appointed to the Joint Committee on Transport Safety have power to act on this Joint Committee during the recess.

                 Question put and passed.

 

Joint Committee
on Transport
Safety.

   7.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council supports the creation of the South Pacific Whale Sanctuary.

                 Debate ensued.

                 Question - That the motion moved by the Hon. T. G. Roberts be agreed to - put and passed.

                 The Hon. T. G. Roberts, by leave, then moved - That the Resolution be conveyed to the International Whaling Commission and the Federal Minister for the Environment.

                 Question put and passed.

 

South Pacific
Whale Sanctuary - Motion re.

   8.

Order of the Day read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on Outsourcing of
State Government Services.

 

   9.

Order of the Day read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on Wild Dog Issues
in the State of
South Australia.

 

10.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia to be brought up:

                 Ordered - That the Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia.

 

11.

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 Select Committee have leave to sit during the recess and report on the first day of next session.

 

Select Committee
on the Future of the Queen Elizabeth Hospital.

 

12.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. S. M. Kanck - That the Hon. Dorothy Kotz, M.P., Minister for Aboriginal Affairs, be censured for failing to fulfil her duty to protect Aboriginal heritage as required by the Aboriginal Heritage Act, in particular her failure to provide protection under the Act for some 1,200 potential Aboriginal sites by placing them on the Register of Aboriginal Sites and Objects:

                 Debate resumed.

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

 

Censure of the Minister for Aboriginal Affairs -
Motion re.

 

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee on the Third Inquiry into Timeliness of 1998-99 Annual Reporting by Statutory Bodies, be noted:

                 Debate resumed.

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

 

Statutory Authorities Review Committee  - Report on the
Third Inquiry into Timeliness of
1998-99 Annual Reporting by Statutory Bodies
to be noted -
Motion re.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 8 and No. 9 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

16.

On the Order of the Day being read for the adjourned debate on motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Environment Protection in South Australia, be noted:

                 Debate ensued.

                 Question put and passed.

 

Environment, Resources and Development Committee - Report
on Environment Protection in South Australia be noted -
Motion re.

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

18.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 14 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. A. Pickles - That this Council -

         I.       Condemns the State Government for its failure to provide adequate and ongoing funding for public libraries in South Australia; and

        II.       Acknowledges the social, cultural and economic benefit to the community of accessible and affordable public libraries:

                  Debate resumed.

Funding for
Public Libraries -
Motion re.

 

                 The Minister for Transport and Urban Planning moved to amend the motion by leaving out all words in Paragraph I and inserting the following:

“I.     Notes that State Government funding of $14.273 million for public libraries in 2000-2001 incorporates real increases to all but 3 of the 63 public libraries in South Australia plus $800,000 new funding to provide a full year of free access to the internet, which will be particularly beneficial to all library users outside the Adelaide metropolitan area;

II.      Notes, as part of the State Government’s responsibility to provide adequate and ongoing funding to public libraries, the Local Government Association was advised in May 2000 that the starting point for negotiations of the next Five Year Agreement will be the level of State Government funding provided over the previous Five Year Agreement, adjusted for inflation - an undertaking the Local Government Association has welcomed; and”.

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

 

 

21.

Ordered - That Order of the Day (Private Business) No. 16 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

22.

Ordered - That Order of the Day (Private Business) No. 17 be postponed and taken into consideration on motion.

 

Postponement
of Business.

23.

Ordered - separately -That Orders of the Day (Private Business) No. 18 to No. 20 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That this Council recommends to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

            I.      The amount raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year);

          II.      The levy should be based on the value of improvements on the subject land and not on the value of that land;

         III.      The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for the greater flexibility in determining land use factors;

         IV.      Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

          V.      The current restrictions on judicial review in section 10(9) of the Act should be removed:

                 Debate resumed.

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

 

Emergency
Services
Funding  Act -
Motion re.

25.

Ordered - separately -That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Cameron -

         I.     That a Select Committee of the Legislative Council be appointed to investigate and report upon the financial activities which lead to the collapse of G. C. Growden Pty. Ltd. (Mortgage Investments), the financial and legal implications for the investors involved and any other related matter.

        II.     That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and 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 thinks 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:

                 Debate resumed.

And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Collapse of
G. C. Growden
Pty. Ltd. -
Motion for Select Committee on.

27.

Ordered - That Order of the Day (Private Business) No. 26 be postponed and taken into consideration on motion.

 

Postponement
of Business.

28.

Ordered - That Order of the Day (Private Business) No. 27 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

29.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Cameron - That the Regulations under the Passenger Transport Act 1994 concerning Vehicle Accreditation, made on 17 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed:

                 Debate resumed.

                 Question put and negatived.

 

Passenger
Transport Act  - Regulations -
Vehicle
Accreditation -
Motion for Disallowance of.

 

30.

Ordered - That Order of the Day (Private Business) No. 29 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

31.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. A. Pickles - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 3 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed:

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Controlled Substances Act - Regulations -Expiation of Offences -
Motion for disallowance of.

 

32.

At two minutes past 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.

 

33.

Ordered - separately - That Orders of the Day (Private Business) No. 31 and No. 32 be postponed and taken into consideration on motion.

 

Postponement
of Business.

34.

Ordered - separately - That Orders of the Day (Private Business) No. 33 and No. 34 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Associations Incorporation Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Associations
Incorporation
(Oppressive or
Unreasonable Acts)
Amendment Bill.

36.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

37.

Ordered - That Order of the Day (Government Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

38.

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

 

Postponement
of Business.

39.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

40.

Ordered - That the adjourned debate on the question - That the Native Title (South Australia) (Validation and Confirmation) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

Native Title
(South Australia) (Validation and Confirmation) Amendment Bill.

 

 

                 The Attorney-General, by leave, tabled a copy of an extract from the Commonwealth’s explanatory Memorandum to the Native Title Amendment Bill 1997 - Chapter 36, Scheduled Interests, together with a copy of the submission of the State of South Australia to the Commonwealth Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, dated 10 October 1997.

Paper Tabled.

 

                 Question put.

            Council divided:

Ayes, 9

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

      So it passed in the negative.

 

 

 

Noes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

41.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Listening Devices (Miscellaneous) Amendment Bill.

42.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

National Parks
and Wildlife (Miscellaneous) Amendment Bill.

43.

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

 

Postponement
of Business.

44.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

45.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Forestry Corporation Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

South Australian Forestry
Corporation Bill.

46.

On the Order of the Day being read for the adjourned debate on the question - That the Forest Property Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

Forest Property
Bill.

47.

On the Order of the Day being read for the adjourned debate on the question - That the Controlled Substances (Drug Offence Diversion) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

Controlled Substances (Drug Offence Diversion) Amendment Bill.

 

            Committee divided:

Ayes, 13

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. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 4

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

 

 

 

                 Bill read a second time.

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

 

 

48.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the South Australian Motor Sport (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 9 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

South Australian
Motor Sport (Miscellaneous) Amendment Bill.

49.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

50.

Ordered - That the adjourned debate on the motion of the Hon. I. Gilfillan - That this Council recommends to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

            I.      The amount raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year);

          II.      The levy should be based on the value of improvements on the subject land and not on the value of that land;

         III.      The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for the greater flexibility in determining land use factors;

         IV.      Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

          V.      The current restrictions on judicial review in section 10(9) of the Act should be removed - be now resumed.

                 Debate resumed.

Emergency
Services
Funding  Act -
Motion re.

 

                 Question put.

            Council divided:

Ayes, 4

The Hon. T. G. Cameron 

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

 

 

Noes, 13

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

51.

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

 

Postponement
of Business.

52.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Supply Bill.

53.

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

                 Debate resumed.

                 And the Hon. R. R. Roberts having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Racing
(Controlling Authorities) Amendment Bill.

  54.

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

Message No. 85

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to reduce the risk of waterlogging and salinisation of land and increased levels of salinity in the River Murray caused by the irrigation of land in the Qualco-Sunlands irrigation area; to make a related amendment to the Irrigation Act 1994; and for other purposes, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Treasurer then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Ground Water (Qualco-Sunlands) Control Bill.

 

 

Message No. 86

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

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

 

Criminal Law Consolidation (Mental Impairment) Amendment Bill.

 

 

Message No. 87

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Summary Offences Act 1953 and to make a related amendment to the Criminal Law (Forensic Procedures) Act 1998, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

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

 

Summary Offences (Searches)

Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly.

No. 1.      Clause 3, page 5, line 19 - Leave out “of the search”.

No. 2.      Clause 3, page 5, line 24 - Leave out “of a search of the detainee” and insert “made”.

No. 3.      Clause 3, page 6 - After line 15 insert new subsection as follows:

                          “(5a)  No civil or criminal liability is incurred by a person who carries out, or assists in carrying out, a procedure under this section for an act or omission if -

                          (a)       the person genuinely believes that the procedure is authorised under this section; and

                          (b)       the action or omission is reasonable in the circumstances.”

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

 

 

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

Message No. 88

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Juries Act 1927, without any amendment.

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

 

Juries
(Miscellaneous) Amendment Bill.

55.

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

 

Postponement
of Business.

56.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

57.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

58.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

59.

Ordered - separately - That Orders of the Day (Private Business) No. 25, No. 26 and No. 31 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

60.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

61.

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

Next Day
of Sitting.

 

62.

Council adjourned at eighteen minutes to twelve o’clock midnight until tomorrow, at eleven o’clock a.m.

 

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