[SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY 6 NOVEMBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Operations of the Auditor-General’s Department - Report, 1995-96.

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Legal Practitioners Disciplinary Tribunal - Report of the Attorney-General and the Chief Justice pursuant to s.90A of the Legal Practitioners Act 1981 for the year ended 30 June 1996.

                 Workers Rehabilitation and Compensation Act 1986 - Workers Compensation Tribunal Rules -

                          Notice of Dispute.

                          Conciliation - Various.

 

Papers.

   3.

The Hon. R. D. Lawson brought up the Third Report, 1996-97 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Third Report,

1996-97.

 

   4.

The Hon. R. R. Roberts, by leave, tabled a copy of an Assessment Notification to John Scully of Services SA from the Anangu Pitjantjatjara Services Aboriginal Corporation, dated 4 October 1996.

 

Paper Tabled.

   5.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. S. J. Baker, M.P.) concerning the Impact of the Commonwealth Budget on South Australian Government Finances.

 

Paper Tabled.

 

   6.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning the Young Farmers Incentive Scheme.

 

Paper Tabled.

   7.

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

 

Statements

on Matters

of Interest.

 

   8.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council congratulates the joint recipients of the 1996 Nobel Peace Prize, Bishop Carlos Belo and Jose Ramos Horta, recognising the work done to establish a just and lasting peace in East Timor.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday next.

 

1996 Nobel Peace Prize Recipients -

Motion re.

   9.

The Hon. J.A.W. Levy, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. J.A.W. Levy then moved - That this Bill be now read a second time.

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

 

Voluntary Euthanasia

Bill.

10.

The Hon. T. G. Roberts, pursuant to notice, moved - That the issues associated with the protection, availability and use of surface and subterranean water in the northern regions of the State be investigated by the Environment, Resources and Development Committee.

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

Surface and Subterranean

Water in the

Northern Regions

of the State - Environment, Resources and Development Committee to investigate -

Motion re.

 

11.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for a referendum on the question of whether voluntary euthanasia should be allowed subject to appropriate safeguards.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Voluntary Euthanasia

(Referendum)

Bill.

12.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Regulations under the Occupational Health, Safety and Welfare Act 1986, concerning Petroleum and Mining Work, made on 22 August 1996 and laid on the Table of this Council on 1 October 1996, be disallowed.

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

 

Occupational Health, Safety and Welfare Act - Regulations - Petroleum and Mining Work - 

Motion for disallowance of.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That the Regulations under the Daylight Saving Act 1971 concerning Dates 1996, made on 11 July 1996 and laid on the Table of this Council on 23 July 1996, be disallowed:

                 Debate resumed.

                 On motion of the Minister for Transport, the debate was adjourned and ordered to be resumed on motion.

 

Daylight

Saving Act - Regulations -

Dates 1996 -

Motion for disallowance of.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Food (Labelling) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Food (Labelling) Amendment

Bill.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway - That the Principal Regulations under the Road Traffic Act, made on 29 August 1996 and laid on the Table of this Council on 1 October 1996, be disallowed:

                 Debate resumed.

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

 

Road Traffic

Act - Principal Regulations -  Motion for disallowance of.

17.

Ordered - That the adjourned debate on the motion of the Hon. R. R. Roberts - That the Regulations under the Daylight Saving Act 1971 concerning Dates 1996, made on 11 July 1996 and laid on the Table of this Council on 23 July 1996, be disallowed - be now resumed.

                 Debate resumed.

                 Question put.

           Council divided:

Daylight

Saving Act - Regulations -

Dates 1996 -

Motion for disallowance of.

 

Ayes, 9

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. G. Weatherill

The Hon. R. R. Roberts (Teller)

 

Noes, 10.

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

So it passed in the negative.

 

 

18.

At five 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.

 

19.

Ordered - That Order of the Day (Private Business) No. 7 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. M. J. Elliott - That the Legislative Council requests that the South Australian Government supplies to each of the following Select Committees on -

      I.     Contracting out of State Government Information Technology;

    II.     Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison;

   III.     the Proposed Privatisation of Modbury Hospital; and

   IV.     Outsourcing Functions under taken by E&WS Department,

   an authentic summary, according to the protocol negotiated by the Liberal Party and Australian Labor Party, of the relevant outsourcing contracts.

                 To which the Hon. J. A. W. Levy had moved to amend by leaving out “the Liberal Party and Australian Labor Party” and inserting “the Government and the Opposition”:

                 Debate resumed.

                 Question - That the amendment moved by the Hon. J.A.W. Levy, be agreed to - put and passed.

                 Question - That the motion moved by the Hon. M. J. Elliott, as amended by the Hon. J.A.W. Levy, be agreed to - put and passed.

            

Summaries of Outsourcing Contracts to

be supplied

to Select

Committees -

Motion re.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Attorney-General - That the Report of the Auditor-General 1995-96, be noted:

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until Wednesday next.

 

Report of the Auditor-General,

1995-96 be noted -

Motion re.

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Equal Opportunity (Application of Sexual Harassment Provisions) Amendment Bill.

 

In the Committee

 

                          Clause No. 2 further considered.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on Wednesday next.

 

Equal

Opportunity (Application

of Sexual

Harassment Provisions) Amendment Bill.

23.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Retail Shop Leases (Select Committee Recommendations) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until Wednesday next.

 

Retail Shop

Leases (Select Committee Recommendations)

Amendment Bill.

 

25.

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

 

Postponement

of Business.

  26.

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

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate the electricity supply industry; to make provision for safety and technical standards for electrical installations; to amend the Electricity Corporations Act 1994 and the Local Government Act 1934; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 November 1996.                                                                  G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

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

 

Messages from House of Assembly:

Electricity Bill.

 

 

Message No. 13

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Pay-roll Tax Act 1971, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 November 1996.                                                                  G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

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

 

Pay-roll Tax

(Superannuation Benefits) Amendment Bill.

 

 

Message No. 14

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Industrial and Employee Relations Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 November 1996.                                                                  G. M. GUNN, Speaker.

                 Bill read a first time.

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

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

 

Industrial and Employee Relations (President’s

powers)

Amendment Bill.

 

 

Message No. 15

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Adoption Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 6 November 1996.                                                                  G. M. GUNN, Speaker.

                 Bill read a first time.

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

 

Adoption (Miscellaneous) Amendment

Bill.

  27.

The Minister for Transport, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Road Traffic (Inspection)

Amendment

Bill.

  28.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

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

 

Legal

Practitioners (Miscellaneous) Amendment

Bill.

29.

The Minister for Education and Children’s Services, according to order, moved - That the Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Bill be now read a second time.

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

 

Roxby Downs (Indenture Ratification) (Amendment

of Indenture) Amendment Bill.

 

30.

The Minister for Education and Children’s Services, according to order, moved - That the Police (Contract Appointments) Amendment Bill be now read a second time.

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

 

Police (Contract Appointments)

Amendment Bill.

 

31.

On the Order of the Day being read for the adjourned debate on the question - That the Superannuation Funds Management Corporation of South Australia (Liability to Taxes, etc.) 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 and No. 2 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 Minister for Education and Children’s Services, 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.

 

Superannuation Funds

Management Corporation of

South Australia

(Liability to

Taxes, etc.) Amendment Bill.

32.

On the Order of the Day being read for the adjourned debate on the question - That the Lottery and Gaming (Sweepstakes) 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 and No. 2 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 Minister for Education and Children’s Services, 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.

 

Lottery and

Gaming (Sweepstakes) Amendment

Bill.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Police

(Complaints

and Disciplinary Proceedings) (Miscellaneous)

Amendment Bill.

 

34.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the MFP Development (Miscellaneous) 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 and No. 6 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 Minister for Education and Children’s Services, 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.

 

MFP

Development (Miscellaneous)

Amendment Bill.

36.

Ordered - That Order of the Day (Government Business) No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

37.

On the Order of the Day being read for the adjourned debate on the question - That the Subordinate Legislation (Commencement of Regulations) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Subordinate Legislation (Commencement

of Regulations)

Amendment Bill.

 

  38.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (City of Adelaide) Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 7 NOVEMBER 1996

_____________________

 

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

 

Local

Government

(City of Adelaide)

Bill.

39.

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

 

Postponement

of Business.

40.

Council adjourned at twenty-one minutes to one o’clock a.m. until today at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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