SOUTH AUSTRALIA]

No. 4

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  11  OCTOBER  2000

 

 

 

   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 laid on the Table the Minutes of Proceedings of the Joint Sitting of the two Houses  held on Wednesday, 11 October 2000, to choose a person to hold the place in the Senate of the Commonwealth rendered vacant by the resignation of Senator John Andrew Quirke, whereat Mr. Geoffrey Frederick Buckland was the person so chosen.

                 Ordered - That the Minutes of Proceedings be printed.  (Paper No.187)

 

Senate Vacancy:
Joint Sitting
of the two
Houses -
Minutes.

   3.

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

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

                 Reports, 1999-2000 -

                          Department of Treasury and Finance.

                          Distribution Lessor Corporation.

                          ElectraNet SA.

                          Electricity Supply Industry Planning Council.

                          Flinders Coal Pty. Ltd.

                          Funds SA.

                          Gaming Supervisory Authority.

                          Generation Lessor Corporation.

                          Motor Accident Commission.

                          Office of the Liquor and Gaming Commissioner.

                          Office of the South Australian Independent Industry Regulator.

                           Report of the Technical Regulator Electricity.

                          RESI Capital (No. 2) Pty. Ltd.

                          RESI Corporation.

                          RESI Power Pty. Ltd.

                          RESI Syn Pty. Ltd.

                          RESI Utilities Pty. Ltd.

                          South Australian Asset Management Corporation.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Government Financing Authority.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Superannuation Board.

                          Terra Gas Trader Pty. Ltd.

                 Motor Accident Commissioner - Charter.

 

Papers.

   4.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes past four o’clock to enable questions to be asked relating to the Report of the Auditor-General 1999-2000.

                 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 -

Questions on

Auditor-General’s
Report.

   5.

The Treasurer tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services and Training (The Hon. M. R. Buckby, M.P.) concerning Clarification of Travel Details by an Employee of the Department of Education, Training and Employment.

 

Paper Tabled.

   6.

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

 

Statements
on Matters
of Interest.

 

   7.

The Treasurer, pursuant to notice, moved - That the Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia, be noted.

                 Debate ensued.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 25 October 2000.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Report to be noted -
Motion re.

 

   8.

The Hon. L. H. Davis to move - That the Annual Report of the Statutory Authorities Review Committee, 1999-2000 be noted.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 25 October 2000.

Statutory
Authorities Review Committee -
Annual Report
1999-2000
be noted 
Motion re.

 

   9.

At two 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.

 

10.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday,
25 October 2000.

 

Postponement
of Business.

11.

The Hon. P. Holloway, on behalf and at the request of the Hon. C. A. Pickles, by leave, pursuant to notice, moved -

         I.      That a Select Committee of the Legislative Council be established to consider and report on the introduction of Partnerships 21 to Government schools in South Australia including -

                        (a)     the impact of Partnerships 21 on the budget for the Department of Education, Training and Employment;

                        (b)    global budgets and resources for schools;

                        (c)     preferential funding for Partnerships 21 schools;

                        (d)    schools’ reliance on top-up funding;

                        (e)     teacher recruitment and placement issues, transfer rights and temporary relief teachers;

                        (f)     special programmes including disability funding;

                        (g)    school audits, accountability and cash reserves;

                        (h)    the impact on workloads for school service officers;

                        (i)      DETE implementation staffing and costs;

                        (j)      school maintenance funding;

                        (k)     Risk Fund and insurance issues; and

                        (l)      any other relevant issue.

        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:

Partnerships 21-
Motion for
 Select
Committee.

 

 

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 25 October 2000.

 

 

12.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday, 25 October 2000.

 

Postponement
of Business.

13.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 24 August 2000 and laid on the Table of this Council on 4 October 2000 be disallowed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 25 October 2000.

 

Controlled
Substances
Act 1984 -
Regulations –
Expiation of
Offences -
Motion for
disallowance of.

 

14.

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

         I.      That a Select Committee of the Legislative Council be established to consider and report on the Partnerships 21 scheme and, in particular, to identify -

                        (a)     any strengths or weaknesses of the current scheme;

                        (b)    differences in the level of funding between Partnerships 21 and non-Partnerships 21 schools;

                        (c)     the process by which schools opt into the Partnerships 21 scheme;

                        (d)    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:

Partnerships 21-
Motion for
 Select
Committee.

 

 

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday, 25 October 2000.

 

 

15.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Report of the Social Development Committee on Rural Health Inquiry be noted.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday, 25 October 2000.

 

Social
Development
Committee -
Report on
Rural Health
Inquiry be noted -
Motion re.

 

16.

Ordered - That Notices of Motion (Private Business) No. 9 to No. 12 be Orders of the Day for Wednesday, 25 October 2000.

 

Postponement
of Business.

17.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the establishment of those purposes; and to repeal the Freedom of Information Act 1991.

                 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.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 25 October 2000.

 

Freedom of
Information Bill.

 

18.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Survival of Causes of Action Act 1940 and the Workers Rehabilitation and Compensation Act 1986.

                 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.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 25 October 2000.

 

Statutes
Amendment
(Dust-Related
Conditions) Bill.

 

19.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

                 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 Wednesday, 25 October 2000.

 

Occupational
Health, Safety and
Welfare (Penalties
and Payments)
Amendment Bill.

 

20.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

                 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.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 25 October 2000.

 

Constitution
(Parliamentary
Sittings)
Amendment Bill.

 

21.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Racing Act 1976.

                 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. P. Holloway, the debate was adjourned until Wednesday, 25 October 2000.

 

Racing (TAB)
Amendment Bill.

 

22.

The N. Xenophon, pursuant to notice, moved - That the Casino (Miscellaneous) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for next day of sitting.

 

Casino
(Miscellaneous)
Amendment Bill.

 

23.

The N. Xenophon, pursuant to notice, moved - That the Gambling Industry Regulation Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for next day of sitting.

 

Gambling
Industry
Regulation Bill.

 

24.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make official information more freely available, to provide for proper access by each person to official information relating to that person, to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the establishment of those purposes; and to repeal the Freedom of Information 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.

                 And the Hon. N. Xenophon having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 25 October 2000.

 

Freedom of Information Bill.

 

25.

The Attorney-General (The Hon. K. T. Griffin), pursuant to notice, moved - That the Listening Devices (Miscellaneous) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for next day of sitting.

 

Listening Devices
(Miscellaneous)
Amendment Bill.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in-Reply, as read, be adopted:

                 Debate resumed.

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

 

Address-in -Reply.

27.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders 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 Associations Incorporation (Oppressive or Unreasonable Acts) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Associations
Incorporation
(Oppressive or
Unreasonable Acts)
Amendment Bill.

 

29.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

Electronic
Transactions
Bill.

30.

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

 

Postponement
of Business.

 

31.

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

 

Next Day
of Sitting.

 

32.

Council adjourned at three minutes past eleven o’clock until tomorrow at eleven o’clock a.m.

 

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. 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. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo