[SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  13  AUGUST  1998

 

 

 

   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.

The Attorney-General (The Hon. K. T. Griffin) reported as follows: - The Managers have been to the Conference on the Police Bill which was managed on behalf of the House of Assembly by the Minister for Police, Correctional Services and Emergency Services (The Hon. I. F. Evans, M.P.), Ms. J. M. Rankine, The Hon. G. A. Ingerson, and Messrs. Conlon and Williams and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses that:

Police Bill.

 

As to Amendment No. 12 -

           That the Legislative Council amend its amendment by leaving out proposed new subclause (3) and inserting -

                                       “(3)  The term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years.”

            And that the House of Assembly agree thereto.

 

 

As to Amendment No. 12 -

           That the Legislative Council amend its amendment by leaving out proposed new subclause (3) and inserting -

                                       “(3)  The term of an appointment under this section may not be extended so that it exceeds five years and a person may not be reappointed under this section so that the terms in aggregate exceed five years.”

            And that the House of Assembly agree thereto.

 

 

As to Amendment No. 13 -

          That the Legislative Council no longer insist on its amendment but makes the following alternative amendment -

                                       Page 11, lines 21 and 22 (clause 27) - Leave out subclause (1) and insert:

         “(1)   Subject to this section, a person’s appointment to a position in S.A. Police will be on probation for a period determined by the Commissioner not exceeding -

(a)    in the case of a person who, immediately before appointment, was not a member of S.A. Police - two years; or

(b)    in any other case - one year.”

            And that the House of Assembly agree thereto.

 

 

As to Amendment No. 14 -

          That the Legislative Council no longer insist on its amendment but makes the following alternative amendment -

                                       Page 11, lines 34 and 35 (clause 27) - Leave out “two years” and insert “the maximum period allowed in relation to the person under subsection (1)”.

           And that the House of Assembly agree thereto.

As to Amendment No. 15 -

           That the Legislative Council no longer insist on its amendment.

 

 

As to Amendment Nos. 16 and 17 -

          That the Legislative Council no longer insist on its amendments but makes the following alternative amendment -

                                       Page 12, lines 17 to 22 (clause 29) - Leave out “must not resign or relinquish official duties unless the member -” and all words in lines 18 to 22 and insert -

“may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).

         (2)     A member of S.A. Police (other than the Commissioner, the Deputy Commissioner or an Assistant Commissioner) must not relinquish official duties unless the member -

(a)    is expressly authorised in writing by the Commissioner to do so; or

(b)    is incapacitated by physical or mental disability or illness from performing official duties.

Maximum penalty:    $1 250 or three months imprisonment.”

           And that the House of Assembly agree thereto.

 

 

As to Amendment Nos. 18 and 19 -

          That the Legislative Council no longer insist on its amendments but makes the following alternative amendment -

                                       Page 14, lines 11 to 16 (clause 35) - Leave out “must not resign or relinquish official duties unless the police cadet -” and all words in lines 12 to 16 and insert -

“may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner).

         (2)     A police cadet must not relinquish official duties unless the police cadet -

(a)    is expressly authorised in writing by the Commissioner to do so; or

(b)    is incapacitated by physical or mental disability or illness from performing official duties.

Maximum penalty:    $1 250 or three months imprisonment.

           And that the House of Assembly agree thereto.

 

 

As to Amendment No. 20 -

          That the Legislative Council no longer insist on its amendment but makes the following alternative amendment -

                                       Page 18, line 5 (clause 42) - After “seniority” insert “or, without the member’s consent, relocation to a place beyond reasonable commuting distance from the member’s current place of employment.”

           And that the House of Assembly agree thereto.

 

 

As to Amendment No. 21 -

          That the Legislative Council no longer insist on its amendment but makes the following alternative amendment -

                                       Page 18 (clause 43) - After line 24 insert the following -

         “(3a)    The member to whom an application for review under this section must be made -

(a)    must be the occupant of a position specified in the regulations or determined according to factors specified in the regulations;

(b)    must not be selected according to the discretion of the Commissioner or any other person;

(c)    must not have been involved in the informal inquiry or investigations leading up to the informal inquiry.”

           And that the House of Assembly agree thereto.

 

 

As to Amendment No. 22 -

           That the Legislative Council amend its amendment by leaving out “permanent” and inserting “for an indefinite period”.

           And that the House of Assembly agree thereto.

As to Amendment Nos. 23 to 25 -

           That the House of Assembly no longer insist on its disagreement.

As to Amendment Nos. 28 and 29 -

           That the House of Assembly no longer insist on its disagreement.

As to Amendments Nos. 30 and 31 -

          That the House of Assembly no longer insist on its disagreement and the Legislative Council makes the following additional amendment -

                                       Page 23 (clause 53) - Before line 22 insert the following -

         “(2)      In proceedings on an application for a review of a selection decision under this Division -

(a)    no evidence may be given or submissions made as to the qualifications or merits of an applicant for the position other than by a party to the proceedings or representative of a party to the proceedings; and

(b)    no documentary material may be produced as evidence of the qualifications or merits of an applicant for the position other than material that was made available to the panel of persons who made the selection decision.”

           And that the House of Assembly agree thereto.

 

 

As to Amendment No. 32 -

          That the Legislative Council amend its amendment by inserting after proposed new section 54 the following -

                                       “(2)  The Tribunal must hear and determine an application for a review of a selection decision under this Division within the period prescribed by regulation.”

           And that the House of Assembly agree thereto.

As to Amendment No. 33 -

           That the Legislative Council no longer insist on its amendment.

 

 

As to Amendment No. 34 -

          That the Legislative Council no longer insist on its amendment but makes the following alternative amendment -

                                       Page 25 - After line 2, insert new clause as  follows -

Appointment and promotion procedures

         60A.    Members of S.A. Police, police cadets and police medical officers must be appointed and promoted in accordance with the procedures prescribed by the regulations.”

           And that the House of Assembly agree thereto.

As to Amendment No. 35 -

           That the Legislative Council amend its amendment by leaving out “two” and inserting “three”.

           And that the House of Assembly agree thereto.

                 Ordered - That the President do now leave the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the recommendations of the Conference.

 

_____________________

 

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.

 

 

   4.

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

 

Postponement

of Business.

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement

of Business.

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the recommendations of the Conference on the Valuation of Land (Miscellaneous) Amendment Bill.

 

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.

 

Valuation

of Land (Miscellaneous) Amendment Bill.

   7.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement

of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity Corporations (Restructuring and Disposal) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned.

                 The Treasurer moved - That the adjourned debate be an Order of the Day for next day of sitting.

                 Question put and passed.

 

Electricity Corporations (Restructuring

and Disposal) Bill.

 

   9.

At four minutes past 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.

 

10.

The following Paper was laid upon the Table, viz.:

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

                 Review of Passenger Transport Act 1994 - June 1998.

 

Paper.

11.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon.
T. G. Cameron to complete a question to her and for her to give a reply.

                 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.

12.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement

of Business.

13.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Statutes

Amendment

(Motor Accidents)

Bill.

 

                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 struck out.

                          Clauses No. 7 and No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 struck out.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 read.

                 The Hon. P. Holloway moved on page 8, lines 7 to 10, to leave out subsection (3).

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

14.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to enable Business of the Day to be concluded.

                 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.

  15.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Statutes Amendment (Motor Accidents) Bill.

 

In the Committee

 

                  Clause No. 12 which the Hon. P. Holloway had moved to amend on page 8, lines 7 to 10, by leaving out subsection (3) - further considered.

                  Amendment, by leave, withdrawn.

                  Clause No. 12 otherwise amended and agreed to.

                  Clause No. 13 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 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.

 

Statutes

Amendment

(Motor Accidents)

Bill.

16.

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

 

Postponement

of Business.

17.

Council adjourned at twenty two minutes to seven o’clock until Tuesday next, 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. 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