[SOUTH AUSTRALIA]

No. 5

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY 10 DECEMBER 1997

 

 

 

   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 President tabled the Report on Summary of Confidential Government Contract under
Section 41A of the Public Finance and Audit Act 1987 relating to South Australian Water Corporation, dated December 1997.

 

Paper

Tabled.

   3.

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

        By the Treasurer (The Hon. R. I. Lucas) -

                 Reports, 1996-97 -

                          Adelaide Convention Centre.

                          Racing Industry Development Authority.

                          South Australian Harness Racing Authority.

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

                 Reports, 1996-97 -

                          Australian Barley Board.

                          Dairy Authority of South Australia.

                          Dog Fence Board.

                          HomeStart Finance.

                          Office of Energy Policy.

                          Phylloxera and Grape Industry Board.

                          Primary Industries South Australia.

                          Soil Conservation Board.

                          Soil Conservation Council of South Australia.

                          South Australian Research and Development Institute.

                          South Australian Totalizator Agency Board.

                          Technical Regulator, Office of Energy Policy.

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

                 Attorney-General’s Department - Report, 1996-97.

         By the Minister for Police, Correctional Services and Emergency Services (The Hon. K. T. Griffin) -

                 Correctional Services Advisory Council of South Australia - Report, 1995-96.

                 Reports, 1996-97 -

                          South Australia Police.

                          South Australian Department for Correctional Services.

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

                 Reports, 1996-97 -

                          Dental Board of South Australia.

                          Hills Transit.

                          Living Health.

                          Medical Board of South Australia.

                          Passenger Transport Board.

                          TransAdelaide.

 

Papers.

   4.

The Hon. A. J. Redford brought up the First Report, 1997-98 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices 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 Regulations, the Committee may decide to take no further action.

                 Regulations referred to:

                          Water Resources Act 1997 -

                                   Principal.

                                   Penrice Exemption.

                                   Roxby Downs Exemption.

                          Development Act 1993 - Referrals and Concurrences.

                          Public and Environmental Health Act 1987 - Disposal or Re-use of Water.

                          Waterworks Act 1932 - Revocation of Schedule 2.

 

Legislative

Review

Committee -

First Report,

1997-98.

   5.

The Hon. A. J. Redford brought up the Second Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Second Report

1997-98.

 

   6.

The Hon. L. H. Davis brought up the Report, 1996-97 of the Statutory Authorities Review Committee.

 

Statutory

Authorities

Review

Committee -

Report, 1996-97.

 

   7.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning a Review of Commonwealth and State Roles and Responsibilities for the Environment.

 

Paper

Tabled.

   8.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning the Repatriation General Hospital Redevelopment.

 

Paper

Tabled.

   9.

The Minister for Justice, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes past three 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.

10.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

11.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Regulations under the Native Vegetation Act 1991, concerning Exemptions, made on 4 September 1997 and laid on the Table of this Council on 2 December 1997, be disallowed.

                 Debate ensued.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until next day of sitting.

 

Native

Vegetation

Act 1991 - Regulations -Exemptions -

Motion for

disallowance of.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved - That he 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. I. Gilfillan then moved - That this Bill be now read a second time.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 11 February 1998.

 

Retail and Commercial

Leases (Term

of Lease and Renewal) Amendment

Bill.

 

13.

Ordered - That Notice of Motion (Private Business) No. 3 be postponed and taken into consideration after Notice of Motion (Private Business) No. 6.

 

Ordering of

Business.

14.

The Hon. L. H. Davis, pursuant to notice, moved - That the Annual Report of the Statutory Authorities Review Committee 1996-97, be noted.

                 Debate ensued.

                 On motion of the Hon. I. Gilfillan, the debate was adjourned until Wednesday,
11 February 1998.

 

Statutory

Authorities

Review

Committee -

Annual Report,

1996-97 be noted -

Motion re.

 

15.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday,
11 February 1998.

 

Postponement

of Business.

16.

The Hon. T. G. Roberts, pursuant to notice, moved - That this Council -

         I.      Condemns the Federal Liberal Government for fostering a strike-breaking mercenary group of current and former serving members of the Australian Defence Force to undertake an overseas training programme designed to allow those persons to scab on members of the Maritime Union of Australia, who may, in the future, be engaged in industrial action to defend not only themselves, but organised labour in general; and

II.      Calls on the Federal Liberal Government to immediately recall all current serving members of the Defence Force involved in this programme.

         On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 11 February 1998.

 

Australian

Defence Force Personnel Involvement

in Maritime

Training

Programme -

Motion re.

 

17.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday,
11 February 1998.

 

Postponement

of Business.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 11 February 1998.

 

Postponement

of Business.

 

19.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

20.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday,
11 February 1998.

 

Postponement

of Business.

 

21.

The Hon. M. J. Elliott, pursuant to notice, moved -

         I.      That a Select Committee be appointed to investigate outsourcing of State Government Services;

        II.      That the Select Committee pay particular attention to the outsourcing contracts on State Government Information Technology, the functions of the E&WS Department, the Modbury Hospital and the Mount Gambier Prison;

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

       IV.      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;

        V.      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.

       VI.      That the Minutes of Proceedings and Evidence to the Legislative Council Select Committees on -

                       State Government Information Technology Outsourcing;

                       Proposed Privatisation of Modbury Hospital;

                       Outsourcing Functions undertaken by E&WS Department; and

                       Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison,

                       be referred to this Select Committee; and

VII.       That the Government provide copies of the relevant contracts to the Select Committee.

                 Debate ensued.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Outsourcing

of State

Government

Services -

Motion for Select Committee on.

22.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Parliamentary Committees (Membership of

Social Development Committee) Amendment Bill.

 

23.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That Catherine Sparrow, 11 year old, year 5 student at Christies Beach Primary School, be congratulated on her outstanding achievement on becoming the Year 5 National Winner of the Nestle Write Around Australia Competition 1997.

                 On motion of the Hon. P. Holloway, the debate was adjourned and ordered to be resumed on motion.

 

Catherine Sparrow -

National Winner

of the Nestle

Write Around Australia Competition 1997 - Motion re.

 

24.

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 Highways Act 1926.

                 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. P. Holloway, the debate was adjourned until Tuesday, 10 February 1998.

 

Highways (Miscellaneous) Amendment

Bill.

25.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for carrying out forensic procedures to obtain evidence relevant to the investigation of criminal offences; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Justice then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Tuesday, 10 February 1998.

 

Criminal Law (Forensic Procedures)

Bill.

26.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Justice then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Tuesday, 10 February 1998.

 

Liquor

Licensing

(Licensed Clubs) Amendment

Bill.

27.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Justice then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Tuesday, 10 February 1998.

 

Legal

Practitioners (Qualifications) Amendment

Bill.

28.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995, the Business Names Act 1996, the Consumer Transactions Act 1972, the Conveyancers Act 1994, the Land Agents Act 1994, the Land Valuers Act 1994, the Plumbers, Gas Fitters and Electricians Act 1995, the Residential Tenancies Act 1995, the Retirement Villages Act 1987, the Second-hand Vehicle Dealers Act 1995, the Security and Investigation Agents Act 1995 and the Travel Agents Act 1986.

                 Question put and passed.

                 Bill introduced and read a first time.

 

Statutes

Amendment (Consumer

Affairs) Bill.

 

                 The Minister for Justice then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Tuesday, 10 February 1998.

 

 

29.

The Minister for Justice, pursuant to notice, moved - That he have leave to introduce a Bill for an Act relating to the transfer of prisoners to and from Australia.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Justice then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Tuesday, 10 February 1998.

 

International

Transfer of

Prisoners

(South Australia)

Bill.

30.

At three minutes past 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.

 

31.

Ordered - That the adjourned debate on the motion of the Minister for Transport and Urban Planning - That Catherine Sparrow, 11 year old, year 5 student at Christies Beach Primary School, be congratulated on her outstanding achievement on becoming the Year 5 National Winner of the Nestle Write Around Australia Competition 1997 - be now resumed.

                 Debate resumed.

                 Question put and passed.

                

Catherine Sparrow -

National Winner

of the Nestle

Write Around Australia Competition 1997 - Motion re.

 

32.

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

 

Postponement

of Business.

33.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

34.

On the Order of the Day being read for the adjourned debate on the question - That the Roxby Downs (Indenture Ratification) (Aboriginal Heritage) 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 and No. 2 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.

                 The Minister for Justice, 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.

                 The Minister for Justice then moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Roxby Downs (Indenture Ratification) (Aboriginal Heritage) Amendment Bill.

35.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement

of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Gas Pipelines Access (South Australia) 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.

 

Gas Pipelines

Access (South Australia) Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 55 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 agreed to.

                          Preamble 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.

                 The Minister for Justice, 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.

 

 

37.

On the Order of the Day being read for the adjourned debate on the question - That the Gas (Miscellaneous) 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. 6 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.

                 The Minister for Justice, 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.

 

Gas

(Miscellaneous) Amendment

Bill.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity (Miscellaneous) 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.10 agreed to.

                          Title agreed to.

_____________________

 

Electricity

(Miscellaneous) Amendment

Bill.

 

                 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 Justice, 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.

 

 

39.

Ordered - That the remaining Orders of the Day be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

40.

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

Message No. 18

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Gaming Machines Act 1992, without any amendment.

House of Assembly, 10 December 1997.                                                           J.K.G. OSWALD Speaker.

 

Messages from

House of

Assembly:

Gaming Machines

(Gaming Venues

in Shopping Centres) Amendment Bill.

 

 

Message No. 19

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the payment of unclaimed superannuation benefits to the Treasurer; and for other purposes, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 10 December 1997.                                                           J.K.G. OSWALD, Speaker.

 

Unclaimed Superannuation Benefits Bill.

 

Schedule of the amendment made by the House of Assembly

Page 3, after line 5 - Insert new clause No. 7 as follows:

Treasurer to refund certain amounts

        7.  (1)  If -

(a)   an unclaimed superannuation benefit has been paid to the Treasurer under this Act; and

(b)   the Treasurer is satisfied, on application made by a person in a form approved by the Treasurer, that, if this Act and Part 22 of the Commonwealth Act had not been enacted, that person would have been paid that unclaimed superannuation benefit by the trustee by whom it was paid to the Treasurer,

the Treasurer must pay an amount equal to the amount of that unclaimed superannuation benefit to that person.

        (2)  If the trustee of a fund, after paying an amount to the Treasurer under this Act, satisfies the Treasurer that the amount so paid exceeds the amount that the trustee would have paid to the person concerned, the Treasurer must refund to the trustee the amount of the excess.

        (3)  The Consolidated Account is appropriated to the extent necessary for the purposes of this section.”

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

     

Message No. 20

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Development Act 1993 and to make a related amendment to the Statutes Repeal and Amendment (Development) Act 1993, without any amendment.

House of Assembly, 9 December 1997.                                                             J.K.G. OSWALD Speaker.

 

Development (Building Rules) Amendment

Bill.

 

41.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day

of Sitting

 

 

42.

Council adjourned at one minute to eleven o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo