SOUTH AUSTRALIA]

No. 47

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  6  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 Minister for Industry, Trade and Regional Development (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension
of Standing
Orders.

 

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Orders of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

   4.

On the Order of the Day being read for the consideration of Message No. 55 from the House of Assembly relating to the Freedom of Information (Miscellaneous) Amendment Bill:

                 The Minister for Industry, Trade and Regional Development moved - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room on the first floor of the Legislative Council at the hour of 1.30 p.m. this day and that the Hon. G. E. Gago, the Hon. J. M. Gazzola, the Hon. I. Gilfillan, the Hon. R. D. Lawson and the Hon. A. J. Redford be the Managers on the part of this Council.

                 Question put and passed.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

   5.

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. 13 further considered, amended and agreed to.

                          Clauses No. 14 to No. 16 agreed to.

                          New clause No. 16A inserted.

                          Clauses No. 17 to No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clause No. 22 agreed to.

                          Clause No. 23 amended and agreed to.

                          Clause No. 24 read.

                 The Hon. A. J. Redford moved on page 18, lines 28 to 30, to leave out paragraph (j).

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

                 The Hon. A. J. Redford moved on page 19, after line 8, to insert new subclause as follows:

          “(3a) Subsection (1)(a) does not apply in relation to a decision to discontinue the provision of services to a particular person where the health or community service provider is under no duty to continue to provide those services.”

                 Question - That the amendment be agreed to - put.

Health and
Community Services
Complaints Bill.

 

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

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. 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. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 24 agreed to.

                          Clause No. 25 read.

                 The Hon. A. J. Redford moved on page 19, lines 17 and 18, to leave out subclause (1) and insert new subclauses as follows:

          “(1) A person may complain to the Commissioner orally or in writing.

          (1a) If the Commissioner receives an oral complaint, the Commissioner must require the person to confirm the complaint in writing unless the Commissioner is satisfied that there is good reason why the complaint should not be made in writing.

          (1b) The Commissioner may require a person making a complaint to provide—

(a)    his or her name and address; and

(b)    reasonable information about the grounds on which the complaint is made; and

(c)    details of any action that the complainant has taken to attempt to resolve the matter with the health or community service provider; and

(d)    any other details considered by the Commissioner to be reasonably necessary to enable the complaint to be assessed under Division 2.

          (1c) The Commissioner may assist a person to make a complaint if the person requests or requires assistance.”

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

                          Clause No. 25 agreed to.

                          Clause No. 26 read.

                 The Hon. A. J. Redford moved on page 19, line 22, to leave out “two years” and insert “one year”.

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 12

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

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 was resolved in the affirmative.

 

Noes, 8

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 26, as amended, agreed to.

                          Clauses No. 27 to No. 28 agreed to.

                          Clause No. 29 amended and agreed to.

                          Clause No. 30 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.

 

 

 

   6.

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

Message No. 66

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2005, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for Industry, Trade and Regional Development then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Supply Bill.

 

 

 

Message No. 67

                 MR. PRESIDENT - In reply to Message No. 58 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

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

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

   7.

Ordered - That the Council, at its rising, do adjourn until Monday, 24 May 2004 at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

   8.

At three minutes 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.

 

   9.

The Minister for Industry, Trade and Regional Development reported as follows: - The Managers have been to the Conference on the Freedom of Information (Miscellaneous) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.), The Hon. D. C. Kotz, Ms. Redmond, The Hon. I. P. Lewis and Mr. Koutsantonis, and they there received from the Managers on behalf of the House of Assembly, the Bill and the following Resolution adopted by that House:- That the disagreement to the amendments of the Legislative Council be insisted on.

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

As to Amendment No. 1 -

           That the Legislative Council do not further insist on its Amendment No. 1 but makes the following amendment in lieu thereof:

                  Clause 3, page 3 lines 10 to 20—Leave out subclause (1) and insert:

                   (1) The objects of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament—

(a)    to promote openness in government and accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and

(b)    to facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

                   (1a) The means by which it is intended to achieve these objects are as follows:

(a)    ensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to members of the public and to Members of Parliament; and

(b)    conferring on each member of the public and on Members of Parliament a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest (including maintenance of the effective conduct of public affairs through the free and frank expression of opinions) and the preservation of personal privacy; and

(c)    enabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.

And that the House of Assembly agree thereto.

 

 

 

As to Amendment No. 2 -

          That the House of Assembly do not further insist on its disagreement thereto.

As to Amendment No. 3 -

          That the Legislative Council do not further insist on its Amendment No. 3 but makes the following amendment in lieu thereof:

                  Clause 3, page 3, line 34— after "public" insert:

          and Members of Parliament

           And that the House of Assembly agree thereto.

As to Amendments No. 4 to No. 10 (inclusive) -

           That the House of Assembly do not further insist on its disagreement thereto.

As to Amendment No. 11 -

          That the Legislative Council do not further insist on its Amendment No. 11 but makes the following amendment in lieu thereof:

                  Clause 8, page 9, lines 14 and 15—Leave out this clause and insert:

                  Amendment of s. 53—Fees and charges

          8. Section 53 of the principal Act is amended—

(a)    by inserting in subsection (2) "reasonable administrative" after "reflect the";

(b)    by inserting after subsection (2) the following subsection:

                   (2aa) A fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.”.

           And that the House of Assembly agree thereto.

As to Amendment No. 12 -

          That the Legislative Council do not further insist on its Amendment No. 12 but makes the following amendment in lieu thereof:

                  Clause 11, page 10, lines 14 to 17—Leave out paragraph (g) and insert:

(g)  by striking out from subclause (2) of clause 6 "and the truth of those allegations or suggestions has not been established by judicial process" and substituting "the truth of which has not been established by judicial process and the disclosure of which would be unreasonable";

(ga)  by striking out subclause (4) of clause 6;”.

           And that the House of Assembly agree thereto.

As to Amendments No. 13 to No. 15 (inclusive) -

           That the House of Assembly do not further insist on its disagreement thereto.

As to Amendment No. 16 -

          That the Legislative Council do not further insist on its amendment.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Recommendations of the Conference.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

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

 

 

 

10.

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

                 By the Minister for Industry, Trade and Regional Development from 142 residents of South Australia concerning the proposed Aldinga Residential Development.  The Petitioners pray that this Honourable House will impose a moratorium on this site to coincide with the 12 month moratorium placed on other local sites to enable thorough archaeological and environmental studies to be carried out before any developments are to proceed.

 

Petition No. 5 -
Proposed Aldinga
Residential
Development.

 

 

11.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Families and Communities (The Hon. J. Weatherill, M.P.) concerning Children in Detention.

 

Ministerial
Statement  Tabled.

 

12.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the River Murray and the Current Water Resource Situation and Outlook.

 

Ministerial
Statement  Tabled.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation Funds Management Corporation of South Australia (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Superannuation
Funds Management
Corporation of
South Australia
(Miscellaneous)
Amendment Bill.

 

14.

The Minister for Industry, Trade and Rehabilitation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation concerning Treated Effluent Reuse.

 

Ministerial
Statement  Tabled.

 

15.

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.

 

16.

Council adjourned at six minutes past four o’clock until Monday, 24 May 2004, at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

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