SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  FEBRUARY  2005

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 4.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 46 of 2004 - An Act to amend the Gaming Machines Act 1992 and to make a related amendment to the Independent Gambling Authority Act 1995.

                 No. 47 of 2004 - An Act to amend the Parliamentary Remuneration Act 1990.

                 No. 48 of 2004 - An Act to amend the Controlled Substances Act 1984.

                 No. 49 of 2004 - An Act to amend the First Home Owner Grant Act 2000.

                 No. 50 of 2004 - An Act to amend the Petroleum (Submerged Lands) Act 1982 and to make related amendments to the Off-Shore Waters (Application of Laws) Act 1976.

                 No. 51 of 2004 - An Act to amend the Judges’ Pensions Act 1971, the Police Act 1998, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

                 No. 52 of 2004 - An Act to amend the Criminal Law Consolidation Act 1935 and to make consequential amendments to the Criminal Law (Forensic Procedures) Act 1998, the Summary Offences Act 1953 and the Summary Procedure Act 1921.

                 No. 53 of 2004 - An Act to protect the health and safety of the public by providing for the registration of medical practitioners and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the person who provide it; to repeal the Medical Practitioners Act 1983; and for other purposes.

                 No. 54 of 2004 - An Act to amend the Motor Vehicles Act 1959.

                 No. 55 of 2004 - An Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977.

                 No. 56 of 2004 - An Act to amend the Road Traffic Act 1961 and the Summary Offences Act 1953.

                 No. 57 of 2004 - An Act to regulate the teaching profession.

Government House, Adelaide.                                    MARJORIE JACKSON-NELSON, Governor.

10 February 2005.

 

Message from
Governor:
Assent to Bills.

 

   3.

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

                 By the Hon. S. M. Kanck from 536 residents of South Australia concerning abortions 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.

 

Petition:
No. 14 - Abortions
in South Australia.

 

   4.

The Minister for Industry and Trade (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Steven Wayne McBride.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Impact that Expanded DNA Testing is having in South Australia.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Industry and Trade tabled a copy of a Minute to the Premier from him concerning certain Questions on Notice asked by the Hon. R. I. Lucas relating to the Costs of Overseas Trips undertaken by the Minister and Staff since 5 March 2002.

 

Ministerial
Statement Tabled.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 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 Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                                   Clause No. 6 further considered.

                 The Hon. R. D. Lawson moved on page 6, after line 27, to insert the following:

bargaining services means services provided by (or on behalf of) an association in relation to—

(a)     an industrial dispute (including representation in proceedings before the Court or the Commission); or

(b)    an industrial matter; or

(c)     an industrial instrument (including, as appropriate, the negotiation, making, approval, variation or rescission of the instrument);

bargaining services fee means a fee (however described) payable to—

(a)     an association; or

(b)    someone else in lieu of an association,

wholly or partly for the provision, or purported provision, of bargaining services, but does not include a membership fee;”.

                 Question - That the amendment be agreed to - put.

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

             Committee divided:

Ayes, 8

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. R. D. Lawson (Teller)

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. T. G. Cameron

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. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. R. D. Lawson moved on page 6, lines 31 to 33, to leave out subclause (4).

                          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.

 

 

 

   9.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

10.

Council adjourned at twenty-seven minutes to six o’clock until Monday next 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. N. Xenophon

The Hon. C. Zollo