[SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 11 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 Treasurer (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers 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.

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

 

Postponement

of Business.

   4.

On the Order of the Day being read for the adjourned debate on the question - That Land Tax (Land Held on Trust) 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 Treasurer, 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.

 

Land Tax

(Land Held

on Trust) Amendment

Bill.

   5.

On the Order of the Day being read for the adjourned debate on the question - Stamp Duties (Miscellaneous No. 2) 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. 5 agreed to.

                          Clause No. 6 read.

Stamp Duties (Miscellaneous

No. 2)

Amendment

Bill.

 

 

                 And there being a disturbance in the Gallery, the President ordered that the Gallery be cleared.

                          Clause No. 6 suggested to be amended and agreed to.

                          Clauses No. 7 and No. 8 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 a suggested amendment; whereupon the Council adopted such report.

                 The Treasurer, 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.

 

Disturbance

in the Gallery.

 

   6.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement

of Business.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That the Regulations under the Industrial and Employee Relations Act 1994 concerning unfair Dismissal, made on 4 September 1997 and laid on the Table of this Council on 2 December 1997, be disallowed:

                 Debate resumed.

                 On motion of the Treasurer, the debate was adjourned and ordered to be resumed on motion.

 

Industrial and Employee

Relations

Act 1994 - Regulations -

Unfair Dismissal.

   8.

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

         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 resumed.

                 Question put and passed.

                 The Hon. M. J. Elliott moved - That the Select Committee consist of the Hon.
L. H. Davis, the Hon. P. Holloway, the Hon. R. D. Lawson, the Hon. R. R. Roberts and the mover.

                 Question put and passed.

                 The Minister for Transport and Urban Planning then moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday, 25 March 1998.

                 Question put and passed.

 

Outsourcing

of State

Government

Services -

Motion for Select Committee on.

   9.

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

 

Postponement

of Business.

10.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott - 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 - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Native

Vegetation

Act 1991 - Regulations -Exemptions -

Motion for

disallowance of.

 

11.

At three minutes to 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.

 

12.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon C. A. Pickles, from 709 Residents of South Australia concerning Voluntary Euthanasia and praying that the Council will pass a Bill legalising strictly and properly regulated voluntary euthanasia for the terminally ill.

 

Petition No. 1 -

Voluntary Euthanasia.

13.

The President tabled the Table of Contents relating to the Contract Summary on the South Australian Water Corporation which was omitted from Annexure A of the Auditor-General’s Report on Summary of Confidential Government Contract under Section 41A of the Public Finance and Audit Act 1987, dated December 1997.

 

Paper

Tabled.

14.

The President tabled the Report by the Auditor-General on the Summary of Confidential Government Contract under Section 41A of the Public Finance and Audit Act 1987 relating to Information Technology (EDS) Outsourcing, dated December 1997.

 

Paper

Tabled.

15.

The President tabled the Report of the Auditor-General on the Port Adelaide Flower Farm, pursuant to Section 32 of the Public Finance and Audit Act 1987.

 

Paper

Tabled.

16.

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

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

                 Outback Areas Community Development Trust - Report, 1996-97.

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

                 Reports, 1996-97 -

                          Department for State Government Services.

                          Freedom of Information Act 1991.

                          MFP Development Corporation.

                          MFP Industrial Premises Corporation.

                          MFP Industrial Premises Corporation - Financial Statements.

                          MFP Projects Board.

                          MFP Projects Board - Financial Statements.

                          Mining and Quarrying Occupational Health and Safety Committee.

                          Office of the Employee Ombudsman.

                          Ports Corp South Australia.

                          Privacy Committee of South Australia.

                          SAGRIC International Pty. Limited.

                          State Supply Board.

Papers.

 

 

                          WorkCover Corporation of South Australia.

                          WorkCover Corporation of South Australia - Statistical Review.

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

                 Commissioner for Equal Opportunity - Report, 1996-97.

                 Response to Recommendation 4 made by the Social Development Committee in its Tenth Report - HIV/AIDS - Hepatitis B, The Rights of Infected and Non-Infected Persons.

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

                 Reports, 1996-97 -

                          Chiropody Board of South Australia.

                          Chiropractors Board of South Australia.

                          Commissioner of Charitable Funds.

                          Guardianship Board of South Australia.

                          Nurses Board South Australia.

                          Occupational Therapists Registration Board of South Australia.

                          Pharmacy Board of South Australia.

                          Physiotherapy Board of South Australia.

                          Office of the Public Advocate.

                          South Australian Health Commission - Food Act Report.

                          South Australian Psychological Board.

                          Supported Residential Facilities Advisory Committee.

 

 

17.

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 Gamblers’ Rehabilitation Fund.

 

Paper

Tabled.

18.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services concerning Palliative Care, together with the Fourth Report to Parliament on the Care of People who are Dying in South Australia.

 

Paper

Tabled.

19.

The Hon. L. H. Davis, by leave, moved - That the Standing Orders be so far suspended as to enable him to move a motion without notice concerning the Auditor-General’s Report on the Port Adelaide Flower Farm.

                 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.

 

 

                 The Hon. L. H. Davis then moved - That the Auditor-General’s Report on the Port Adelaide Flower Farm be noted.

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

 

Auditor-General’s

Report on the

Port Adelaide

Flower Farm

to be noted -

Motion re.

 

20.

Ordered - That the adjourned debate on the motion of the Hon. T. G. Roberts - That the Regulations under the Industrial and Employee Relations Act 1994 concerning unfair Dismissal, made on 4 September 1997 and laid on the Table of this Council on 2 December 1997, be disallowed - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Industrial and Employee

Relations

Act 1994 - Regulations -

Unfair

Dismissal.

 

21.

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

Message No. 21

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Local Government Act 1934 and the Development Act 1993, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 11 December 1997.                                                         J.K.G. OSWALD, Speaker.

 

Message from

House of

Assembly:

Statutes

Amendment (Holdfast Shores)

Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.       Page 1, line 10 (clause 1) - Leave out this clause and insert new clause as follows:

Short title

           1.  (1)  This Act may be cited as the Local Government (Holdfast Shores) Amendment Act 1997.

           (2)  The Local Government Act 1934 is referred to in this Act as “the principal Act”.’

No. 2.       Page 1, after line 10 - Insert new clause as follows:

Commencement

           1A.  This Act will come into operation on a day to be fixed by proclamation.”

No. 3.       Page 1, line 12 (clause 2) - Leave out “the Local Government Act 1934” and insert “the principal Act”.:

No. 4.       Page 2, lines 10 to 39 and page 3, lines 1 to 9 (clause 3) - Leave out this clause and insert new clause as follows:

Insertion of s. 886bb

           3.  The following section is inserted after section 886ba of the principal Act.

Coast protection at West Beach

         886bb.  (1)  In this section -

boating facility” means a harbor, marina, boat mooring or boat launching facility;

coast” has the same meaning as in the Coast Protection Act 1972;

the Minister” means the Minister to whom the administration of the Coast Protection Act 1972 is committed;

West Beach area” means an area 500 metres wide running along the coast of Metropolitan Adelaide in Gulf St. Vincent between the northern side of the entrance of the Patawalonga Boat Haven to the sea and the point where a westerly projection of West Beach Road meets the sea, and bounded on the east by the high water mark.

         (2)  The Minister must take reasonable steps to ensure the effective management of sand in association with the construction of any boating facility within, or adjacent to, the West Beach area -

(a)     in order to maintain the navigability of any entrance or access channel associated with any such boating facility; and

(b)    in order to protect or, if necessary, restore the coast on account of the obstruction of coastal processes due to the construction of any such boating facility.

                                                         (3)  The Crown is liable for costs associated with any works or operations undertaken for the purposes of any sand management required under subsection (2).’

No. 5.       Long title, page 1, line 6 - Strike out “and the Development Act 1993”.

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 amendments be disagreed to.

_____________________

 

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

                 Ordered - That a Committee consisting of the Hon. M. J. Elliott, the Hon. P. Holloway and the Treasurer be appointed to prepare Reasons for Disagreeing to the Amendments of the House of Assembly.

                 The Treasurer brought up the Report of the Committee appointed to prepare Reasons for Disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the Council does not like the House of Assembly’s amendments.

                 Ordered - That the Report be adopted.

 

 

22.

The Treasurer, by leave, tabled a copy of a Ministerial Statement made by the Minister for Local Government, Recreation and Sport (The Hon. G. A. Ingerson, M.P.) concerning the Racing Industry.

 

Paper

Tabled.

23.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz M.P.) concerning Feral Animal Populations.

 

Paper

Tabled.

24.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That the Auditor-General’s Report on the Port Adelaide Farm be noted - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday,
11 February 1998.

 

Auditor-General’s

Report on the

Port Adelaide

Flower Farm

to be noted -

Motion re.

 

25.

At eight minutes to five o’clock the sitting was suspended until the ringing of the bells.

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

 

Suspension and Resumption of sitting.

 

26.

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

Message No. 22

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Roxby Downs (Indenture Ratification) Act 1982, without any amendment.

House of Assembly, 11 December 1997.                                                         J.K.G. OSWALD Speaker.

 

Messages from

House of

Assembly:

Roxby Downs

(Indenture Ratification) (Aboriginal

Heritage) Amendment Bill.

 

 

Message No. 23

                 MR. PRESIDENT - The House of Assembly has agreed to the suggested amendment of the Legislative Council in the Stamp Duties (Miscellaneous No. 2) Amendment Bill, without any amendment and has amended the Bill accordingly.

House of Assembly, 11 December 1997.                                          J.K.G. OSWALD Speaker.

 

Stamp Duties

(Miscellaneous

No. 2)

Amendment

Bill.

 

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly insists on its amendments in the Statutes Amendment (Holdfast Shores) Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

House of Assembly, 11 December 1997.                                                         J.K.G. OSWALD, Speaker.                  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 disagreement to the amendments be insisted on.

_____________________

 

Statutes

Amendment

(Holdfast Shores)

Amendment

Bill.

 

 

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

                 The Treasurer moved - That a Message be sent to the House of Assembly requesting that a Conference be granted to the Council respecting certain amendments in the Statutes Amendment (Holdfast Shores) Amendment Bill and that the House of Assembly be informed that, in the event of a Conference being agreed to, the Council will be represented at such Conference by five Managers, and that the Hon. M. J. Elliott, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. T. G. Roberts and the Mover be the Managers of the Conference on the part of the Legislative Council.

                 Question put and passed.

 

 

27.

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

Message No. 25

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 26 from the Legislative Council, agreed to grant a Conference on the Statutes Amendment (Holdfast Shores) Bill as requested by the Legislative Council.  The House of Assembly has named the hour of 9.30 p.m. this day, to receive the Managers on behalf of the Legislative Council at the Plaza Room.

House of Assembly, 11 December 1997.                                                         J.K.G. OSWALD, Speaker.         Ordered - That the Message be taken into consideration forthwith.

                 The Treasurer moved - That a Message be sent to the House of Assembly agreeing to the time and place appointed by that House for holding the Conference.

                 Question put and passed.

 

Message from

House of

Assembly:

Statutes

Amendment (Holdfast Shores)

Bill.

 

28.

At twenty-six minutes past nine o’clock the sitting was suspended until the ringing of the bells.

                 At twenty-three minutes past eleven o’clock the sitting was resumed.

 

Suspension

and Resumption

of Sitting.

 

29.

The Treasurer reported as follows - The Managers have been to the Conference on the Statutes Amendment (Holdfast Shores) Bill which was managed on behalf of the House of Assembly by the Deputy Premier (The Hon. G. A. Ingerson), the Minister for Government Enterprises (The Hon. M. H. Armitage), The Hon. M. D. Rann and Messrs. Conlon and Williams and the Council Managers there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses -

Statutes

Amendment

(Holdfast Shores)

Bill

 

As to Amendments Nos. 1 to 3 -

           That the Legislative Council do not further insist on its disagreement to these Amendments.

As to Amendment No. 4 -

          That the House of Assembly amend its amendment as follows:-

                  “New section 886bb - After paragraph (b) of subsection (2) insert new word and paragraph as follows:

and

(c)    in order to ensure that the enjoyment of the coast by the public generally is not materially diminished due to the construction of any such boating facility.”

           And that the Legislative Council agree thereto.

As to Amendment No. 5 -

           That the Legislative Council do not further insist on its disagreement to this Amendment.

 

 

30.

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

Message No. 26

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Local Government (Holdfast Shores) Amendment Bill, has agreed to the same.  The Bill is returned herewith.

House of Assembly, 11 December 1997.                                                         J.K.G. OSWALD, Speaker.

                 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 recommendations from the Conference be agreed to.

_____________________

 

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

 

Message from

House of

Assembly:

Statutes

Amendment (Holdfast Shores)

Bill: now

Local

Government

(Holdfast Shores)

Amendment

Bill.

 

31.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 17 February 1998, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

32.

Council adjourned at eight minutes to twelve o’clock midnight until Tuesday, 17 February 1998, 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. 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