SOUTH AUSTRALIA]

No. 71

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  12  MAY  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.

Answers to Questions on Notice Nos. 227 to 230 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), tabled a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning WorkCover Governance Reform.

 

Paper Tabled.

 

   4.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning a Framework for South Australia’s Economic Development.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Australian Health Care Agreement.

 

Paper Tabled.

 

   6.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   7.

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.

 

   8.

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

 

Postponement
of Business.

 

   9.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

River Murray Bill.

 

10.

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

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Prohibition of
Human Cloning
Bill.

 

11.

Ordered - That Order of the Day (Government Business) No. 8 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (National Competition Policy) Bill be now read a second time:

                 Debate resumed.

                 And the Hon. R. D. Lawson having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Amendment
and Repeal
(National
Competition Policy)
Bill.

 

13.

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

 

Postponement
of Business.

 

14.

Ordered - That the the adjourned debate on the question - That the Mining (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Mining
(Miscellaneous)
Amendment Bill.

 

15.

Ordered - That Order of the Day (Government Business) No. 10 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

16.

Ordered - That the adjourned debate on the question - That the Statutes Amendment and Repeal (National Competition Policy) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment
and Repeal
(National
Competition Policy)
Bill.

 

17.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Water Resources (Miscellaneous) Amendment 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 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.

 

Water Resources
(Miscellaneous)
Amendment Bill.

 

19.

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

Message No. 96

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the appointment of the State Coroner and other coroners; to establish the Coroner’s Court; to make related amendments to other Acts and statutory instruments; to repeal the Coroners Act 1975; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 May 2003.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Coroners Bill.

 

 

 

 

Message No. 97

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Freedom of Information (Miscellaneous) Amendment Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 1 May 2003.                                                                               I. P. LEWIS, Speaker.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed.

No. 1.      Page 3, lines 10 to 20 (clause 3) - Leave out subclause (1) and insert:

                          (1)     The objects of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament—

                          (a) to promote openness in government and the accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and

                          (b) to facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

                          (1a)   The means by which it is intended to achieve these objects are as follows:

                          (a) ensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to Members of Parliament and members of the public; and

                          (b) conferring on Members of Parliament and each member of the public a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest and the preservation of personal privacy; and

                          (c) enabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.

No. 2.      Page 3, line 27 (clause 3) - Leave out "object" and insert:

(a)                      objects

No. 3.      Page 3, line 34 (clause 3) - After "assists" insert:

(a)                      Members of Parliament and

No. 4.      Page 4, lines 19 to 21 (clause 4) - Leave out paragraph (g).

No. 5.      Page 7 (clause 6) - After line 31 insert the following:

                          (15a) In publishing reasons for a determination, a relevant review authority may comment on any unreasonable, frivolous or vexatious conduct by the applicant or the agency.

No. 6.      Page 8, lines 7 to 11 (clause 6) - Leave out subclause (1) and insert:

                          (1)     An agency that is aggrieved by a determination made on a review under Division 1 may, by leave of the District Court, appeal against the determination to the District Court on a question of law.

                          (1a)   A person (other than an agency)—

                          (a) who is aggrieved by a determination of an agency following an internal review; or

                          (b) who is aggrieved by a determination that is not subject to internal review; or

                          (c) who is aggrieved by a determination made on a review under Division 1,

                          may appeal against the determination to the District Court.

No. 7.      Page 8 (clause 6) - After line 15 insert the following:

                          (2a) Where an application for review is made under Division 1, an appeal cannot be commenced until that application is decided and the commencement of an appeal to the District Court bars any right to apply for a review under Division 1.

No. 8.      Page 8, lines 16 and 17 (clause 6) - Leave out subclause (3) and insert:

                          (3) The following are parties to proceedings under this section:

                          (a) the agency;

                          (b) in the case of an appeal against a determination of an agency following an internal review or a determination made on a review under Division 1—the applicant for the review;

                          (c) in the case of an appeal against a determination that has not been the subject of a review—the applicant for the determination.

 

 

 

 

        

No. 9.      Page 8, lines 28 and 29 (clause 6) - Leave out subclause (6) and insert:

                          (6) In proceedings under this section—

                          (a) in the case of proceedings commenced by an agency—the Court must order that the agency pay the other party's reasonable costs; or

                          (b) in any other case—the Court must not make an order requiring a party to pay any costs of an agency unless the Court is satisfied that the party acted unreasonably, frivolously or vexatiously in the bringing or conduct of the proceedings.

No. 10.    Page 9 (clause 6) - After line 11 insert the following:

                 Disciplinary actions

                          42. If, at the completion of any proceedings under this Division, the District Court is of the opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it doing so, the Court may bring the evidence to the notice of—

                          (a) if the person is the principal officer of a State Government agency—the responsible Minister; or

                          (b) if the person is the principal officer of an agency other than a State Government agency—the agency; or

                          (c) if the person is an officer of an agency but not the principal officer of the agency—the principal officer of that agency.

No. 11.    Page 9, lines 14 and 15 (clause 8) - Leave out this clause and insert:

                 Amendment of s. 53—Fees and charges

                          8. Section 53 of the principal Act is amended—

                          (a) by striking out paragraph (b) of subsection (2);

                          (b) by inserting in subsection (2) "reasonable administrative" after "reflect the";

                          (c) by inserting after subsection (2) the following subsections:

                          (2aa) A fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.;

                          (2ab) No fee or charge is payable under this Act by a Member of Parliament in respect of an application under Part 3 for access to documents.

No. 12.    Page 10, lines 14 to 17 (clause 11) - Leave out paragraph (g).

No. 13.    Page 10, lines 21 to 25 (clause 11) - Leave out paragraph (i).

No. 14.    Page 11, lines 18 to 23 (clause 11) - Leave out paragraph (k).

No. 15.    Page 11 - After line 23 insert new clause as follows:

                 Amendment of Sched. 2

                          11A. Schedule 2 of the principal Act is amended by inserting after paragraph (f) the following paragraph:

                          (g) the Essential Services Commission in relation to—

 (i)     information gained under Part 5 of the Independent Industry Regulator Act 1999 that would, if it were gained under Part 5 of the Essential Services Commission Act 2002, be capable of being classified by the Commission as being confidential under section 30(1) of that Act; and

(ii)     information gained under Part 5 of the Essential Services Commission Act 2002 that is classified by the Commission as being confidential under section 30(1) of that Act;

No. 16.    Page 11, lines 33 to 40 (clause 12) - Leave out subclause (3).

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

20.

Council adjourned at twenty minutes past five o’clock until tomorrow 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. G. E. Gago

The Hon. J. M. Gazzola

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. 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