SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  10  APRIL  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) 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. 8.

                 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. 4 of 2001 - An Act to amend the Essential Services Act 1981.

                 No. 5 of 2001 - An Act to repeal the Fisheries (Southern Zone Rock Lobster Fishery Rationalization) Act 1987.

                 No. 6 of 2001 - An Act to amend the State Disaster Act 1980.

                 No. 7 of 2001 - An Act to repeal the Sandalwood Act 1930.

Government House, Adelaide, 10 April 2001.                                                         E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 19 and 65 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

   4.

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

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Onkaparinga.

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

                 The Architects Board of South Australia - Report, 2000.

                 Regulation under the following Act -

                          Occupational Therapists Act 1974 - Registration Renewal Fee.

 

Papers.

   5.

The Attorney-General, without notice,  moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill forthwith.

                 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.

 

 

                 The Attorney-General then moved - That he have leave to introduce a Bill for an Act to vest property of the Free Presbyterian Church; and for other purposes.

                 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.

 

Free Presbyterian
Church (Vesting
of Property) Bill.

 

                 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.

                 Debate ensued.

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

 

 

   6.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 10 be postponed and taken into consideration after Order of the (Government Business) No. 11.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Electoral (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.

 

Electoral
(Miscellaneous)
Amendment Bill.

   9.

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

 

Postponement
of Business.

10.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

11.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. I. Gilfillan moved on page 5, line 25, to leave out “section is substituted” and insert “sections are substituted” and on page 6, after line 5, to insert new sections as follow:

                  Public Interest Advocate

                          5A. There will be a Public Interest Advocate.

                  Appointment of Public Interest Advocate

                          5B. (1) The Governor may appoint a legal practitioner to be the Public Interest Advocate.

                          (2) Subject to this Act, the terms and conditions of appointment (including remuneration) of the Public Interest Advocate will be as determined by the Governor.

                          (3) The Governor may appoint a legal practitioner to be a deputy Public Interest Advocate.

                          (4) The following persons are not eligible to be appointed as the Public Interest Advocate or a deputy Public Interest Advocate:

                          (a)    the Director of Public Prosecutions;

                          (b)    a person assigned to work in the Office of the Director of Public Prosecutions;

                          (c)    a member of the police force;

                          (d)    an employee in the Public Service of the State.

                  Term of office of Public Interest Advocate, etc.

                          5C. (1) The Public Interest Advocate will be appointed for a term of office of five years and, on the expiration of a term of office, is eligible for reappointment.

                          (2) The office of Public Interest Advocate becomes vacant if the Advocate—

                          (a)    dies; or

                          (b)    completes a term of office and is not reappointed; or

                          (c)    resigns by notice in writing to the Governor; or

                          (d)    is removed from office by the Governor under subsection (3).

                          (3) The Governor may remove the Public Interest Advocate from office for—

                          (a)    mental or physical incapacity to carry out official duties satisfactorily; or

                          (b)    neglect of duty; or

                          (c)    dishonourable conduct.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

                  Function of Public Interest Advocate

                          5D. (1) The function of the Public Interest Advocate is to appear at the hearing of an application for the issue of a warrant under this Act to test the validity of the application and, for that purpose, to—

                          (a)    present questions for the applicant to answer and examine or cross-examine a witness; and

                          (b)    make submissions on the appropriateness of issuing the warrant.

                          (2) The Public Interest Advocate is not subject to the control or direction of any Minister or other person in the performance of the function of the Advocate.

                  Public Interest Advocate's annual report

                          5E. (1) The Public Interest Advocate must, as soon as practicable (but not later than two months) after each 30 June, give to the Minister a report on the activities of the Advocate (and any deputy) during the year ending on that 30 June.

                          (2) The report must not contain information—

                          (a)    that discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be investigated; or

                          (b)    that indicates a particular investigation has been, is being, or is to be conducted.

                  Public Interest Advocate must keep and deal with records in accordance with regulations

                          5F. The Public Interest Advocate must—

                          (a)    keep as records—

                                           (i)     applications for warrants under this Act; and

                                           (ii)    affidavits verifying the grounds of applications for warrants; and

                                           (iii)   any warrants or duplicate warrants issued under this Act,

                                           provided to the Advocate under this Act; and

                          (b)    control and manage access to those records; and

                          (c)    destroy those records,

                  in accordance with the regulations.

                  Confidentiality

                          5G. (1) A person who is or was the Public Interest Advocate or a deputy Public Interest Advocate must not record, use or disclose information obtained under this Act that came to the person's knowledge because of the person’s function under this Act.

                  Maximum penalty: $10 000 or imprisonment for 2 years.

                          (2) Subsection (1) does not apply to the recording, use or disclosure of information in the performance of his or her function under this Act.

                          (3) A person who is or was the Public Interest Advocate or a deputy Public Interest Advocate must not be compelled in any proceedings to disclose information obtained under this Act that came to the person's knowledge because of that person's function under the Act.”

                 Question - That the amendment be agreed to - put.

 

 

         Committee divided:

Ayes, 3

The Hon. T. G. Cameron

The Hon. M. J. Elliott

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. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. K. T. Griffin (Teller)

 

 

                          Clause No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clauses No. 9 to No. 16 agreed to.

                 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 motion.

 

 

12.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to move an Instruction without Notice.

                 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:

Instruction:
Listening Devices
(Miscellaneous)
Amendment Bill.

 

                 The Attorney-General then moved - That it be an Instruction to the Committee of the Whole  on the Listening Devices (Miscellaneous) Amendment Bill that it have power to consider a new clause in relation to an Amendment of the Director of Public Prosecutions Act 1991.

                 Question put and passed.

 

13.

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

 

In the Committee

 

                          New clause No. 17 inserted.

                          Schedule agreed to.

                          Title amended and agreed to.

_____________________

 

Listening Devices
(Miscellaneous)
Amendment Bill.

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title, 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.

 

 

14.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Dental Practice 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.

                          Clause No. 3 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.

 

Dental
Practice Bill.

16.

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

 

Postponement
of Business.

17.

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

 

In the Committee

 

                          Clause No. 8 further considered and agreed to.

 

Statutes
Amendment
(Transport
Portfolio) Bill.

 

                          Clauses No. 9 to No. 21.

                          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.

 

 

18.

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

Message No. 58

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Youth Court Act 1993, without any amendment.

House of Assembly, 5 April 2001.                                                                    J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Youth Court
(Judicial Tenure)
Amendment Bill.

 

 

Message No. 59

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Expiation of Offences Act 1996, without any amendment.

House of Assembly, 5 April 2001.                                                                    J.K.G. OSWALD, Speaker.

 

Expiation of
Offences
(Trifling Offences)
Amendment Bill.

 

 

Message No. 60

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Software Centre Inquiry (Powers and Immunities) Bill, without any amendment.

House of Assembly, 5 April 2001.                                                                    J.K.G. OSWALD, Speaker.

 

Software Centre
Inquiry
(Powers and
Immunities) Bill.

 

19.

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

 

Postponement
of Business.

20.

Council adjourned at ten minutes past six 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. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo