[SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  10  NOVEMBER  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.

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

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

                 Reports, 1998-99 -

                          Legal Practitioners Disciplinary Tribunal.

                          Legal Practitioners Guarantee Fund.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Commissioner for Consumer Affairs - Report, 1998-99.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Sixth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Freedom of Information Act 1991 – Exempt Agencies.

 

Legislative

Review

Committee -

Sixth Report,

1999-2000.

 

   4.

The Hon. A. J. Redford brought up the Seventh Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Seventh Report,

1999-2000.

 

   5.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby, M.P.) concerning Education Funding.

 

Paper Tabled.

   6.

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

 

Statements

on Matters

of Interest.

 

   7.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

 

   8.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council requests that the Treasurer, under section 32 of the Public Finance and Audit Act 1987, requests that the Auditor-General examines and reports on dealings related to the Hindmarsh Soccer Stadium Redevelopment Project and, in particular -

         I.      Whether there was due diligence by Government representatives prior to the signing of agreements for construction of Stages 1 and 2 of the Project.

        II.      Whether due diligence was applied subsequent to the commitment to Stages 1 and 2, including whether the Crown Solicitor’s advice as described on page 12 of the
33rd Report of the Public Works Committee, August 1996, was adhered to.

       III.      (a)     Whether undue pressure was placed on individuals leading to legal commitment by them on behalf of sporting clubs or associations.

                 (b)    The present status of all relevant deeds of guarantee or other legal documents, the financial status of the signatories and whether the legal agreements have created financial difficulty for any non-Government persons or organisations.

       IV.      Whether there were any conflicts of interest or other imprudent or improper behaviour by any person or persons, Government or non-Government, involved with the project, and whether the appropriate processes were followed in relation to -

                        (a)     the planning stages of the project;

                        (b)    the awarding and monitoring of consultancies;

                        (c)     the tendering process;

                        (d)    the letting of contracts;

                        (e)     the construction of the Stadium; and

                        (f)     the ongoing management of the Stadium.

        V.      The Auditor-General be requested to include in his Report recommendations for Government and the Parliament where appropriate.

                 Debate ensued.

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

 

Hindmarsh

Stadium Redevelopment

Project -

Auditor-General

to Examine -

Motion re

   9.

The Hon. L. H. Davis, pursuant to notice, moved - That this Council commends the Federal, South Australian and Northern Territory Governments for their financial support of the Alice Springs-Darwin railway and recognises -

         I.      The jobs this project will create in regional South Australia; and

        II.      The long-term economic benefits to South Australia which will be generated by this new rail link.

                 And the Hon. L. H. Davis having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Alice Springs-

Darwin

Railway -

Motion re.

10.

At six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

11.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That this Council commends the Federal, South Australian and Northern Territory Governments for their financial support of the Alice Springs-Darwin railway and recognises -

         I.      The jobs this project will create in regional South Australia; and

        II.      The long-term economic benefits to South Australia which will be generated by this new rail link - be resumed.

                 Debate resumed.

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

 

Alice Springs-

Darwin

Railway -

Motion re.

12.

The Hon. M. J. Elliott, pursuant to notice, moved - That this Council expresses concern over the pressure placed on school councils and school communities to enter Partnerships 21 rapidly without a chance to properly assess the impact on their schools in both the long and short term.

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

                

Partnerships 21 -Motion re.

13.

The Hon. S. M. Kanck, having obtained leave to move the motion of which Notice had been given in an amended form, moved -

         I.      That a Select Committee be appointed to inquire into the future of the Queen Elizabeth Hospital with particular reference to -

                        (a)     the demographic pressures for removing, reducing or expanding services;

                        (b)    the financial constraints on retaining or expanding services, including past and present levels of capital and recurrent funding;

                        (c)     the current availability of obstetric and gynaecological, cardiac, renal and accident and emergency services, and the impact on residents of the north-western suburbs of reducing such services;

                        (d)    transport from the north-western suburbs to Lyell McEwin Hospital;

                        (e)     methods of consultation used by the Health Commission in relation to determining the future of services; and

                        (f)     any other related matter.

        II.      That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

       III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

       IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 Debate ensued.

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

 

Future of Queen Elizabeth Hospital -

Motion for Select Committee on.

14.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

15.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Cameron - That the Regulations under the Passenger Transport Act 1994 concerning Vehicle Accreditation, made on 17 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed:

                 Debate resumed.

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

 

Passenger

Transport Act  - Regulations -

Vehicle

Accreditation -

Motion for Disallowance of.

 

 

16.

Ordered - That Order of the Day (Private Business) No. 3 be an Order 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.
T. G. Roberts - That this Council -

         I.      Calls on the Federal Government to take those steps required to counter the destabilisation of the ungoverned province of East Timor in the lead up to independence.

        II.      Commends the United Nations for the establishment of an international inquiry into gross human rights violations and atrocities in East Timor.

       III.      Calls on the United Nations to -

                        (a)     organise an immediate United Nations supervised repatriation of East Timorese refugees from West Timor and other parts of Indonesia; and

                        (b)    demand the immediate withdrawal of all Indonesian military and militia personnel from East Timor.

       IV.      Calls on the United Nations and the Australian Government to -

                        (a)     urgently increase the emergency release of food and other humanitarian supplies to refugees in remote areas of East Timor to prevent starvation; and

                        (b)    urge all governments, the World Bank and the IMF to ensure that economic assistance to Indonesia supports democratic and economic reform.

        V.      Commends the Australian Government for providing sanctuary to East Timorese refugees.

       VI.      Calls on the Australian Government to -

                        (a)     expand that sanctuary to East Timorese refugees who are being targeted by the Indonesian military and militias;

                        (b)    suspend military co-operation with Indonesia;

                        (c)     immediately cease its de jure recognition of Indonesia’s occupation of East Timor;

                        (d)    thank the East Timorese people for their great sacrifice and support during World War II and to make an official apology for the 25 years of betrayal; and

                        (e)     make a commitment to assisting reconstruction in East Timor.:             

                 Debate resumed.

         And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

East Timor -

Motion re.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Rail Links with the Eastern States, be noted:

                 Debate resumed.

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

 

Environment, Resources and Development Committee -

Report on Rail

Links with the

Eastern States -

Motion re.

 

19.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

20.

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

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday next.

 

Racing (TAB) Amendment Bill.

21.

On the Order of the Day being read for the adjourned debate on the question - That the Report of the Auditor-General, 1998-99, be noted:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday next.

 

Report of the

Auditor-General,

1998-99

to be noted -

Motion re.

22.

Ordered - That Order of the Day (Private Business) No. 9 be an Order 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. P. Holloway -

         I.      That the Legislative Council notes -

                        (a)     the complete failure of Primary Industries and Resources SA to fairly and equitably manage the allocation of rock lobster pot licences; and

                        (b)    the subsequent investigation by the South Australian Ombudsman into alleged anomalies in the allocation process.

        II.      That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon all aspects of the process of allocation of rock lobster pot licences.

                 Which the Hon. C. Zollo moved to amend by leaving out paragraph II and inserting new paragraph as follows:

        “II.    That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon the Fisheries (General) Regulations 1984 and their application to the allocation of recreational rock lobster pot licences.”:

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday next.

 

Allocation of

Rock Lobster

Pot Licences -

Motion re.

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford -

         I.      That the Legislative Council notes -

                        (a)     the terrible and devastating earthquakes which struck Taiwan on 20 September and 26 September 1999;

(b)       the enormous loss of life which is still rising;

(c)       the horrendous number of injured persons who will need medical and other services for many years to come; and

(d)       the extensive property damage that has occurred because of these natural disasters.

        II.      That this Council calls on the State and Federal Governments to -

(a)       do whatever they can to assist the Taiwanese people in their hour of need; and

(b)       send official messages of condolence to the Taiwanese people expressing regret and sympathy for the effects of this terrible tragedy.

       III.      That this Council expresses its own sorrow at the terrible loss of Taiwanese people.

       IV.      That this Resolution be forwarded to the Taipei Economic and Cultural Office in Melbourne:

                 Debate resumed.

                 Question put and passed.

 

Taiwanese

Earthquakes -

Motion re.

25.

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

                 Debate resumed.

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

 

Gambling Industry Regulation Bill.

26.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That this Council notes -

         I.      The request by former workers of the Christies Beach Women’s Shelter Incorporated to have a statement incorporated into Hansard in accordance with the Resolution of the Legislative Council passed on 11 March 1999.

        II.      The decision by the President of the Council not to allow the statement to be incorporated and expresses its regret with that decision:

                 Debate resumed.

                 Question put and negatived.

 

Citizen’s Right

of Reply -

Christies Beach

Women’s Shelter -President’s Decision - Motion re.

28.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Wrongs Act 1936.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Wrongs

(Damage by

Aircraft)

Amendment

Bill.

29.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

30.

On the Order of the Day being read for the adjourned debate on the question - That the Guardianship and Administration (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 11 NOVEMBER 1999

_____________________

 

                 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. 8 agreed to.

                          New clause No. 8A inserted.

                          New clause No. 8B inserted.

                          Clauses No. 9 to No. 18 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 Disability Services, 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.

 

Guardianship and Administration (Miscellaneous) Amendment Bill.

31.

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

 

Postponement

of Business.

  32.

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

Message No. 13

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Local Government (Implementation) Bill, without any amendment.

House of Assembly, 10 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Local Government (Implementation)

Bill

 

 

Message No. 14

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Office for the Ageing Act 1995, without any amendment.

House of Assembly, 10 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Office for

the Ageing

(Advisory Board)

Amendment Bill.

 

 

Message No. 15

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Highways Act 1926, without any amendment.

House of Assembly, 10 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Highways

(Road Closures) Amendment Bill.

 

 

Message No. 16

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith entitled an Act to amend the Motor Vehicles Act 1959, without any amendment.

House of Assembly, 10 November 1999.                                                          J.K.G. OSWALD, Speaker.

 

Motor Vehicles

(Heavy Vehicles Speeding Control Scheme)

Amendment Bill.

 

33.

Council adjourned at twenty-five minutes past twelve o’clock midnight until today 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. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

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