SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  10  JULY  2002

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Emergency Services Funding Act 1998 - Notice by the Governor - Declaration of the Amount of the Levy under Division 1 of Part 3.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Corporation By-laws -

                          Onkaparinga -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 6 - Foreshore.

 

Papers.

   3.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Rowan v Cornwall and Others.

 

Paper Tabled.

   4.

The Hon. C. Zollo brought up the Seventh Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Seventh Report,
2002-2003.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. T. J. Stephens to complete his question to the Minister for Aboriginal Affairs and Reconciliation and for the Minister to give a reply.

                 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.

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

   7.

Ordered - separately - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

   8.

The Hon. N. Xenophon, pursuant to notice, moved - That this Council requests that the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or not found guilty of any criminal or other offence.

                 Debate endued.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday next.

 

Operation of
section 69A of the Evidence Act 1929 -
Legislative Review
Committee to
inquire into -
Motion re.

   9.

The Hon. N. Xenophon, pursuant to notice, moved -

              I.      That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases;

             II.      Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and

            III.      That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday next.

 

Matters and
Allegations
raised in ABC’s
Four Corners
Report entitled “Expert Witness” -
Motion re.

 

10.

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

 

Postponement
of Business.

11.

The Hon. D. V. Laidlaw, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Retail and Commercial Leases Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. V. Laidlaw then moved - That this Bill be now read a second time.

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

 

Retail and Commercial Leases (Trading Hours) Amendment Bill.

12.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Regulations under the Fisheries Act 1982 concerning Fishing Activities, made on 20 June 2002 and laid on the Table of the Council on 9 July 2002, be disallowed.

                 And the Hon. C. V. Schaefer having obtained leave to conclude her remarks, the debate was adjourned until Wednesday next.

 

Fisheries Act -
Regulations -
Fishing Activities -
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.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning a Commitment by the Federal Government to Funding of $5 million over the next Two Years for After Hours G.P. Clinics at the Queen Elizabeth and Women’s and Children’s Hospitals.

 

Paper Tabled.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon R. K. Sneath -That this Council congratulates South Australian lawn bowlers, Andrew Smith, Arienne Wynen and Neville Read who have been selected to represent Australia at the 2002 Commonwealth Games:

                 Debate resumed.

                 Question put and passed.

 

South Australian
Lawn Bowlers at
Commonwealth Games -
Motion re.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 5 to No. 8 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

  17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That this Council congratulates former Port Adelaide Football Club player and coach, John Cahill, who recently became the 23rd South Australian inducted in the Australian Football Hall of Fame:

                 Debate resumed.

                 Question put and passed.

 

Induction of
John Cahill into
Australian Football
Hall of Fame.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 12 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

19.

On the Order of the Day being read for the adjourned debate on the on the question - That the Dignity in Dying Bill be now read a second time:

                 Debate resumed.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday next.

 

Dignity in Dying
Bill.

20.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 18 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

21.

The Hon. A. L. Evans, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. L. Evans then moved - That this Bill be now read a second time.

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

 

Criminal Law
Consolidation
(Abolition of Time
for Prosecution of
Certain Sexual
Offences)
Amendment Bill.

22.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 22 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

  23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. V. Laidlaw - That this Council congratulates Kasey Chambers on winning the Australasian Performing Right Association 2002 Music Award as Song Writer of the Year:

                 Debate resumed.

                 Question put and passed.

 

Success of
Kasey Chambers -
Motion re.

  24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. D. V. Laidlaw - That this Council acknowledges the announcement by NWS Channel 9 on 4 June 2002 to invest in a third series of “MacLeod’s Daughters” and recognises that this prime time television drama being filmed north of Gawler provides important continuity of employment for South Australia’s highly skilled crews, additional work for our artists, plus economic and tourism benefits for the State:

                 Debate resumed.

                 Question put and passed.

 

Third Series of
“MacLeod’s
Daughters” -
Motion re.

25.

Ordered - separately - That Orders of the Day (Private Business) No. 25 and No. 26 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Council requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made on 15 April 1982 constituting the Gammon Ranges National Park to remove all rights of entry, prospecting, exploration, or mining pursuant to a mining Act (within the meaning of the National Parks and Wildlife Act 1972) in respect of the land constituting the National Park:

                 Debate resumed.

                 Question put and passed.

 

Gammon Ranges National Park - Variation of Proclamation - Motion re.

27.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

28.

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

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Education (Compulsory Education Age)
Amendment
Bill.

29.

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

 

Postponement
of Business.

  30.

The following Message from the House of Assembly was received and read:

Message No. 11

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 July 2002.                                                                  R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation 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.
Nuclear Waste Storage Facility (Prohibition) (Referendum) Amendment Bill.

31.

Council adjourned at seven minutes to 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. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. Gazzola

The Hon. I. Gilfillan

 

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. A. J. Redford

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