SOUTH AUSTRALIA]

No. 5

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  14  MAY  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

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

        By the President -

                 Corporation and District Council Reports, 2000-2001 - Barunga West, Charles Sturt, Light, Norwood, Payneham and St Peters, Playford and Port Pirie.

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Aboriginal Lands Trust - Report, 2000-2001.

                 Regulations under the following Acts -

                          Harbors and Navigation Act 1993 - Time Extension.

                          Liquor Licensing Act 1997 - Dry Areas - Wattle Park.

                          Trade Measurement Act 1993 -

                                   Glass Measure.

                                   Units.

 

Papers.

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Annual Report, 2000-2001 of the Director of Public Prosecutions.

 

Paper Tabled.

   4.

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 Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until next day of sitting.

 

Address-in-Reply.

   5.

The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the Interim Report of the Special Task Force on the Beverly Uranium Mine.

 

Paper Tabled.

   6.

The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Generational Review of South Australian Health Services.

 

Paper Tabled.

   7.

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.

Independence
of East Timor -

Motion re.

   8.

The Hon. S. M. Kanck, pursuant to notice, moved  - That

 I.     This Council congratulates the people of East Timor on achieving full independence; and

II.      A Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto.

                 Debate ensued.

                 On motion of the Hon. D. V. Laidlaw, the debate was adjourned until next day of sitting.

 

Adjournment.

   9.

Council adjourned at twenty one minutes to six o’clock until tomorrow at fifteen minutes past two o’clock.

 

 

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. 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. 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. N. Xenophon

The Hon. C. Zollo

 


 

NOTICES  AND  ORDERS  OF  THE  DAY

___________

 

WEDNESDAY  15  MAY  2002

 

 

 

 

Notices  of  Motion:  Private  Business -

 

1.

The Hon. D. V. Laidlaw to move - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

 

2.

The Hon. N. Xenophon to move - That this Council requests that the Statutory Authorities Review Committee inquire into the following:

 

I.

The policies and practices of the Housing Trust of South Australia in relation to -

 

 

(a)

dealing with difficult and disruptive tenants; and

 

 

(b)

protecting the rights of Housing Trust tenants and residents to the peaceful and quiet enjoyment of their homes and neighbourhoods.

 

II.

Reforms to Housing Trust policies and practices of dealing with difficult and disruptive tenants to ensure the basic needs of neighbouring tenants and residents to the peaceful and quiet enjoyment of their homes and neighbourhoods.

 

3.

The Hon. R I. Lucas to move - That this Council censures the Treasurer Mr. Foley for misleading the Parliament on Thursday, 9 May 2002 when he claimed the former Government had not included in the Mid Year Budget Review an allocation for a teachers’ pay rise.

 

4.

The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

 

5.

The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Australian Road Rules.

 

6.

The Hon. S. M. Kanck to move - That the Legislative Council requests the Social Development Committee to investigate and report on the issue of the impact of supported accommodation needs on South Australian people with a disability (including mental illness, physical disability, brain injury, intellectual disability and neurological disability), their families and the community, and in particular:

 

I.

Current levels of supported accommodation services available in metropolitan and rural regional areas.

 

II.

The quality of supported accommodation currently available.

 

III.

Number of people waiting for supported accommodation.

 

IV.

Waiting times for supported accommodation.

 

V.

Alternatives available for people waiting for supported accommodation.

 

VI.

Impact of ‘deinstitutionalisation’ on accommodation needs for people with a disability.

 

VII.

Any other related matter.

 

7.

The Hon. C. V. Schaefer to move - That this Council congratulates all those involved with the Food For the Future initiative and the State Food Plan on their recent National Jaguar/Gourmet Travel Award for Innovation.

 

8.

The Hon. A. L. Evans to move - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

 

Orders  of  the  Day:  Private  Business -

 

1.

Adjourned debate on motion of the Hon. R. I. Lucas - That this Council notes the Mid Year Budget Review 2001-2002 presented by the former Government in February 2002 and the Budget Update 2001-2002 presented by the current Government in March 2002 - (May 8) - (The Minister for Agriculture, Food and Fisheries).

 

2.

Parliamentary Committees (Presiding Members) Amendment Bill (No. 1):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)1.

 

3.

Adjourned debate on motion of the Hon. I. Gilfillan -

 

I.

That, in the opinion of this Council, a Joint Committee be appointed to inquire into and report on the impact of dairy deregulation on the industry in South Australia and in so doing, consider -

 

 

(a)

Was deregulation managed in a fair and equitable manner?

 

 

(b)

What has been the impact of deregulation on the industry in South Australia?

 

 

(c)

What is the future prognosis for the deregulated industry?

 

 

(d)

Other relevant matters.

 

II.

That, in the event of a Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

 

III.

That this Council permits the Joint 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 a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto - (May 8) - (The Hon. C. Zollo).

 

4.

Adjourned debate on motion of the Hon. D. V. Laidlaw - That the Council requests the Statutory Authorities Review Committee to undertake an immediate inquiry into the efficiency and effectiveness of the Passenger Transport Board in performing its objects under the Passenger Transport Act 1994, and in relation to the integration of infrastructure and service delivery across the metropolitan area and in regional and rural areas of the State - (May 8) - (The Hon. C. Zollo).

 

5.

Adjourned debate on motion of the Hon. N. Xenophon -

 

I.

That a Select Committee of the Legislative Council be appointed to inquire into and report on the feasibility of prohibiting Internet and Interactive Home Gambling and Gambling by any other means of Telecommunication in the State of South Australia and the likely enforcement regime to effect such a prohibition;

 

 

II.

That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far 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; and

 

 

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 - (May 8) - (The Minister for Agriculture, Food and Fisheries).

 

 

6.

Gaming Machines (Limitation on Exception to Freeze) Amendment Bill (No. 2):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)2.

 

7.

Statutes Amendment (Gaming Machine Regulation - Betting Rate) Bill (No. 3):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)2.

 

8.

Statutes Amendment (Gaming Machine Regulation - Alcohol) Bill (No. 4):  adjourned debate on second reading - (May 8) - (The Hon. C. Zollo)2.

 

9.

The Hon. S. M. Kanck to move - That the Regulations under the Liquor Licensing Act concerning City of Adelaide, Dry Zone, made on 11 October 2001 and laid on the Table of this Council on 23 October 2001, be disallowed.

 

10.

Dignity in Dying  Bill (No. 5):  adjourned debate on second reading - (May 8) - (The Hon. J.S.L. Dawkins)3.

 

 

 

11.

Adjourned debate on motion of the Hon. S. M. Kanck - That:

 

I.

This Council congratulates the people of East Timor on achieving full independence; and

 

 

II.

A Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting its concurrence thereto - (May 14) - (The Hon D. V. Laidlaw).

 

 

 

Notice  of  Motion:  Government  Business -

 

1.

The Minister for Agriculture, Food and Fisheries to move - That he have leave to introduce a Bill for an Act relating to agricultural chemical products, fertilisers and veterinary products; to repeal the Agricultural Chemicals Act 1955, the Stock Foods Act 1941 and the Stock Medicines Act 1939; to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994 and the Livestock Act 1997; and for other purposes. 

 

 

Orders  of  the  Day:  Government  Business -

 

1.

Address in Reply:  adjourned debate on the question - That the Address in Reply, as read, be adopted - (May 8, 9, 13, 14) - (Minister for Aboriginal Affairs and Reconciliation).

 

2.

Agricultural and Veterinary Chemicals (South Australia) (Administrative Actions) Amendment Bill (No. 6):  adjourned debate on second reading - (May 13) - (The Hon. C. V. Schaefer).

 

3.

Seeds Act Repeal Bill (No. 7):  adjourned debate on second reading - (May 13) - (The Hon. C. V. Schaefer).

 

___________

 

 

WEDNESDAY  29  MAY  2002

 

 

 

Notice  of  Motion:  Private  Business -

 

1.

The Hon R. K. Sneath to move - That this Council congratulates South Australian lawn bowlers, Andrew Smith, Arienne Wynen and Neville Read who have been selected to represent Australia at the 2002 Commonwealth Games.

 

___________

 

 

 

TUESDAY  18  JUNE  2002

 

 

 

Notice  of  Motion:  Government  Business -

 

1.

The Minister for Aboriginal Affairs and Reconciliation to move - That this Council requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made on 15 April 1982 constituting the Gammon Ranges National Park to remove all rights of entry, prospecting, exploration, or mining pursuant to a mining Act (within the meaning of the National Parks and Wildlife Act 1972) in respect of the land constituting the National Park.

 

___________

 

 

 

WEDNESDAY  19  JUNE  2002

 

 

 

Notices  of  Motion:  Private  Business -

 

1.

The Hon. A. J. Redford to move - That this Council requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made under Part 3 of that Act on 14 August 1997 so as to remove the ability to acquire or exercise pursuant to that proclamation, pipeline rights under the Petroleum Act 1940 (or its successor) over the portion of the Flinders Chase National Park described as Section 53, Hundred of Borda, County of Carnarvon.

 

2.

The Hon. A. J. Redford to move - That this Council requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972 to vary the proclamation made on 15 April 1982 constituting the Gammon Ranges National Park to remove all rights of entry, prospecting, exploration, or mining pursuant to a mining Act (within the meaning of the National Parks and Wildlife Act 1972) in respect of the land constituting the National Park.

 

 

___________

 

 

 

Contingent  Notice  of  Motion -

 

1.

Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Minister for Agriculture, Food and Fisheries to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

 

 

J. M. DAVIS,
Clerk of the Legislative Council.

 

Member in charge of Bill -

1Hon. A. J. Redford
2Hon. N. Xenophon
3Hon. S. M. Kanck