SOUTH AUSTRALIA]

No. 87

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  10  JULY  2003

 

 

 

   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 Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Paper and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

 

   3.

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

                 Debate resumed.

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

 

Appropriation Bill.

 

   4.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

   6.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Procedure (Classification of Offences) 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. 3 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.

Summary Procedure
(Classification of
Offences)
Amendment Bill.

 

 

                 The Minister for Agriculture, Food and Fisheries, 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.

 

 

 

   7.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

 

   8.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), according to order, moved - That, pursuant to sections 30 and 34 of the Industrial and Employee Relations Act 1994, the nominee of this Council to the panel to consult with the Minister about appointments to the Industrial Relations Commission of South Australia be the Hon. R. K. Sneath.

                 Question put and passed.

 

Industrial and
Employee Relations
Act 1994 -
Appointment of the
Hon. R. K. Sneath
to consulting  panel -
Motion re.

 

 

   9.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Serious Repeat Offenders) 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.

 

Criminal Law
(Sentencing)
(Serious Repeat
Offenders)
Amendment Bill.

 

11.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Self Defence) Amendment Bill be now read a second time:

                 Debate resumed.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

13.

At one minute past one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

14.

The President made the following Statement:

                 “I have become increasingly concerned at the use of mobile phones in this Chamber.  In the House of Commons, with 659 Members, mobile phones are not used, nor contemplated.  Likewise in the Australian House of Representatives with 148 Members, “mobile phones may not be brought into the Chamber”.  We have ascertained that other Australian Parliaments do not allow the use of mobile phones.

                 Members are reminded that we should not impose bans on visitors to the Public Galleries if Members do not similarly adhere to similar standards.

                 I quote from House of Representatives Practice where “People visiting the House are presumed to do so to listen to debates, and it is considered discourteous for them not to devote their attention to the proceedings.  Thus, photographs are not permitted to be taken in the chamber, and visitors are required to refrain from reading, writing, conversing, applauding, eating, and so on”.

                 For Members to be using their mobile phones and involving themselves in conversations with persons outside the Chamber, and for that matter, the Parliament, they are setting themselves above the gallery of persons who they wish to sit in silence listening to their debates.

                 Therefore, I ask that Members maintain standards which they expect of others.”

 

President’s
Statement.

 

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Coroners Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 24 agreed to.

                          Clause No. 25 read.

                 The Hon. I. Gilfillan moved on page16, after line 9, to insert new subclause as follows:

                 “(2a)  A recommendation may be made under subsection (2) despite the fact that it relates to a matter that was not material to the event the subject of the inquest.”

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

                 The Hon. I. Gilfillan moved on page 16, lines 12 and 13, to leave out subclause (4) and insert new subclauses as follows:

                 “(4) The Court must, as soon as practicable after the completion of the inquest, forward a copy of its findings and recommendations (if any)—

              (a)     to the Attorney-General; and

              (b)     in the case of an inquest into a death in custody, to—

                       (i)      any other Minister (whether in this jurisdiction or some other jurisdiction) responsible for the administration of the Act or law under which the deceased was being detained, apprehended or held at the relevant time; and

                       (ii)     each person who appeared personally or by counsel at the inquest; and

                       (iii)    any other person who, in the opinion of the Court, has a sufficient interest in the matter.

                 (5) If the findings on an inquest into a death in custody include recommendations made by the Court, the Attorney-General must, within 6 months after receiving a copy of the findings and recommendations—

              (a)     cause a report to be laid before each House of Parliament giving details of any action taken or proposed to be taken by any Minister or other agency or instrumentality of the Crown in consequence of those recommendations; and

              (b)     forward a copy of the report to the Court.”

                 Question - That the amendment be agreed to - put.

Coroners Bill.

 

 

             Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

      So it was resolved in the affirmative.

 

Noes, 5

The Hon. J. M. Gazzola

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                          Clause No. 25, as amended, agreed to.

                          Clauses No. 26 to No. 38 agreed to.

                          New clause No. 38A inserted.

                          Clauses No. 39 to No. 42 agreed to.

                          Schedule 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 Minister for Agriculture, Food and Fisheries, 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.

 

 

16.

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

                 Debate resumed.

                 The Hon. T. G. Cameron, by leave, tabled a copy of a letter to him from Kym Winter-Dewhirst, Chief of Staff to the Minister for Environment and Conservation, dated 10 July 2003.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Nuclear Waste)
Bill.

17.

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

 

Postponement
of Business.

18.

Council adjourned at five minutes past 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. 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. C. Zollo

The Hon. N. Xenophon