[SOUTH AUSTRALIA]

No. 26

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  9  MARCH  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

Answers to Questions on Notice Nos. 59, 103, 130, 131, 139, 140 and 159 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

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

        By the Treasurer (The Hon. R. I. Lucas) -

                 Senior Secondary Assessment Board of South Australia - Report, 1997.

         By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Corporation By-laws -

                          Port Adelaide Enfield -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Council Land.

                                   No.    4   -   Caravans and Camping.

                                   No.    5   -   Inflammable Growth.

                                   No.    6   -   Creatures.

                                   No.    7   -   Lodging Houses.

                                   No.    8   -   Aqueous Waste.

 

Papers.

   4.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon.
J. W. Olsen, M.P.) concerning Drug Law Reform.

 

Paper Tabled.

   5.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning a Recent Salmonella Outbreak.

 

Paper Tabled.

   6.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to complete her reply to a question asked by the Hon. M. J. Elliott.

                 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.

   7.

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

 

Postponement

of Business.

 

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Evidence (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 8 which the Hon. I. Gilfillan had moved to amend on page 3, lines 7 to 9, by leaving out the clause and inserting new clauses as follow:

                  Amendment of s. 13Protection of witnesses

                          8. Section 13 of the principal Act is amended—

                          (a)       by striking out from subsection (4)(a) “take an oath” and substituting “give sworn evidence”;

                          (b)       by striking out paragraph (a) of subsection (10);

                          (c)       by inserting after subsection (10) the following subsection:

                                       (11)  This section does not apply to a witness who is under 16 years of age.

                  Insertion of s. 13A

                          8A.  The following section is inserted after section 13 of the principal Act:

                          Protection of children giving evidence

                                       13A. (1) If a child is to give evidence in any proceeding the court must, subject to subsection (2), order that the evidence be given outside the courtroom and transmitted to the courtroom by means of closed circuit television or any other similar technology prescribed for the purposes of this section.

                                       (2)  An order must not be made under subsection (1) if—

                                       (a)       the order would prejudice any party to the proceedings; or

                                       (b)       such an order would be inappropriate because of the urgency of the matter; or

                                       (c)       the court is satisfied the child desires, and is able, to give evidence in the courtroom; or

                                       (d)       the child is a defendant in a proceeding before the Youth Court.

                                       (3)  Despite subsection (2)(d), in the case where the child is a defendant in a proceeding before the Youth Court an order of the kind referred to in subsection (1) may be made if the court is satisfied—

                                       (a)       that—

                                                   (i)      the defendant may suffer mental or emotional harm if required to give evidence in the ordinary manner; or

                                                   (ii)     the facts may be better ascertained if the defendant’s evidence is given in accordance with such an order; and

                                       (b)       that the defendant desires that such an order be made.

                                       (4)  If a court makes an order of the kind referred to in subsection (1), the following provisions apply:

                                       (a)       the technology used to enable evidence to be given outside the courtroom must be operated in such a manner—

                                                   (i)      that while the child is giving evidence, the child can be seen and heard by the judge, and (in the case of a trial by jury) the jury and (in the case of any criminal proceeding, unless the court decides otherwise in order to protect the child) the defendant; and

                                                   (ii)     that any person accompanying the child, can be seen by the parties, the judge, and (in the case of a trial by jury) the jury while the child is giving evidence;

                                       (b)       if the identity of the defendant is at issue, the child must give evidence identifying the person in the presence of the defendant but the court—

                                                   (i)      must allow the child to give that identification evidence after the completion of the child’s other evidence; and

                                                   (ii)     must ensure that the child is not in the presence of the defendant for any longer than is necessary to give that identification evidence;

                                       (c)       the court may order—

                                                   (i)      that a court officer be present at the location at which the evidence is being given; or

                                                   (ii)     that the child be accompanied by a relative or a friend for the purpose of providing emotional support.

                                       (5)  If the court does not make an order of the kind referred to in subsection (1) the court—

                                       (a)       must order that special arrangements be made for the giving of evidence by the child in order to restrict the contact (including visual contact) between the child and any other person or persons; and

                                       (b)       may order that the child be accompanied by a relative or a friend for the purpose of providing emotional support (and must do so if required under section 12(4)).

                                       (6)  Special arrangements under subsection (5)(a) might include—

                                       (a)       the use of a screen, partition or one way glass; or

                                       (b)       planned seating arrangements; or

                                       (c)       the adjournment of the proceeding or any part of the proceeding to a different location.

                                       (7)  If, on a trial by jury, a court makes an order of the kind referred to in subsection (1), the judge must—

                                       (a)       inform the jury that it is standard procedure for children’s evidence to be given by those means; and

                                       (b)       warn the jury not to draw any inference adverse to the defendant, and not to allow the order to influence the weight to be given to the evidence.

                                       (8)  If, on a trial by jury, a court orders—

                                       (a)       that special arrangements be made for the giving of evidence by a child under subsection (5); or

                                       (b)       that a child be accompanied by a relative or a friend for the purpose of providing emotional support,

                          the judge must—

                                       (c)       inform the jury that it is standard procedure for such orders to be made when evidence is being given by a child; and

                                       (d)       warn the jury not to draw any inference adverse to the defendant, and not to allow the special arrangements, or the presence of an accompanying person, to influence the weight to be given to the evidence.

                                       (9)  In this section—

                         “child” means a person under the age of 16 years.’ - further considered.

                 Question - That clause No. 8 stand as printed - put.

Evidence (Miscellaneous) Amendment Bill.

 

            Committee divided:

 

 

Ayes, 15.

The Hon. T. Crothers

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. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

Noes, 5.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

        So it was resolved in the affirmative.

                          Clause No. 8 agreed to.

                          Clauses No. 9 to No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clauses No. 14 to No. 21 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 Attorney-General, 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.

 

 

   9.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

10.

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

 

Postponement

of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement

of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Deduction from Totalizator Bets) 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. 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 Attorney-General, 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.

 

Racing

(Deduction from Totalizator Bets) Amendment Bill.

 

13.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12, No. 14 and No. 15 be postponed and taken into consideration after Order of the Day (Government Business) No. 16.

 

Postponement

of Business.

 

14.

On the Order of the Day being read for the adjourned debate on the question - That the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Local Government and Fire Prevention) 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. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. I. Gilfillan moved on page 1, after line 25, to insert the following:

                                   “Expiation fee:       $200.”

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

                          Clause No. 4 agreed to.

                          Clauses No. 5 to No. 7 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 Transport and Urban Planning, 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.

 

Statutes

Amendment

(Local Government and Fire

Prevention) Bill.

 

16.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 14.

 

Postponement

of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Superannuation (Establishment of Fund) 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. 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 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.

 

Parliamentary Superannuation (Establishment

of Fund) Amendment Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the Stamp Duties (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 to No. 4 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.

 

Stamp Duties (Miscellaneous) Amendment Bill.

 

20.

Ordered - That the adjourned debate on the question - That the Trans-Tasman Mutual Recognition (South Australia) Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Trans-Tasman Mutual Recognition (South Australia) Bill.

 

21.

Ordered - That the adjourned debate on the question - That the Second-hand Vehicle Dealers (Compensation Fund) Amendment 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 and No. 2 agreed to.

                          Clause No. 3 suggested to be amended and agreed to.

                          Clause No. 4 read.

                 Resolved - That it be a suggestion to the House of Assembly that clause No. 4 be struck out.

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with suggested amendments; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

22.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Listening Devices (Miscellaneous) Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

23.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6. 30 p.m.

                 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.

24.

Ordered - That the adjourned debate on the question - That the Wingfield Waste Depot Closure  Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. M. J. Elliott, the debate was adjourned until next day of sitting.

 

Wingfield

Waste Depot

Closure Bill.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Tobacco Products Regulation

(Smoking in Unlicensed Premises) Amendment Bill.

 

26.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Controlled Substances (Forfeiture

and Disposal) Amendment Bill.

 

27.

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

 

Postponement

of Business.

28.

Council adjourned at one minute to seven o’clock until tomorrow 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. 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. 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