SOUTH AUSTRALIA]

No. 10

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  14  OCTOBER  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.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 1.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 37 of 2003 - An Act to amend the Firearms Act 1977.

                 No. 38 of 2003 - An Act to amend the Fair Trading Act 1987 and to repeal the Starr-Bowkett Societies Act 1975.

                 No. 39 of 2003 - An Act to amend the Mines and Works Inspection Act 1920 and the Mining Act 1971.

Government House,                           MARJORIE JACKSON-NELSON, Governor

Adelaide.

13 October 2003.

 

Message from
Governor:
Assent to Bills.

 

    3.

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

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Motor Accident Commission Charter.

                 Reports, 2002-2003 -

                          Department of Premier and Cabinet.

                          Department of Treasury and Finance.

                          Director of Public Prosecutions.

                          Distribution Lessor Corporation.

                          Dried Fruits Board of South Australia.

                          Economic Development Board.

                          Electricity Supply Industry Planning Council.

                          Essential Services Commission of South Australia.

                          Generation Lessor Corporation.

                          Land Management Corporation.

                          Legal Services Commission of South Australia.

                          Listening and Surveillance Devices Act 1972.

                          Lotteries Commission of South Australia 2002.

                          Motor Accident Commission.

                          Office of Economic Development.

                           Operations of the Auditor-General’s Department.

                          Phylloxera and Grape Industry Board of South Australia.

Papers.

 

 

                          Public Trustee.

                          Presiding Officer of the Disciplinary Appeals Tribunal.

                          RESI Corporation.

                          South Australian Ambulance Service.

                          South Australian Asset Management Corporation.

                          South Australian Classification Council.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Government Financing Authority.

                          South Australian Multicultural and Ethnic Affairs Commission.

                          South Australian Parliamentary Superannuation Scheme.

                          South Australian Police.

                          State Electoral Office.

                          Superannuation Funds Management Corporation of South Australia (Funds SA).

                          Super SA Board.

                          Telecommunications (Interception) Act.

                          The Commissioner for Public Employment.

                          The Industrial and Commercial Premises Corporation.

                          Transmission Lessor Corporation.

                          Veterinary Surgeons Boards.

                 Status Report on the South Australian Economy - Economic Development Board - October 2002 (attachment to the Economic Development Board Annual Report, 2002-2003.

                 Regulations under the following Acts -

                          Conveyancers Act 1994 - Penalties.

                          Criminal law (Forensic Procedures) Act 1998 - Variations.

                          Firearms Act 1977 - COAG Agreement.

                          Land Agents Act 1994 - Penalties.

                          Police Superannuation Act 1990 - Salary Recognition.

                          Security and Investigation Agents Act 1995 - Penalties.

                          Southern State Superannuation Act 1994 - Julia Farr Services Employees.

                          Superannuation Act 1988 - Julia Farr Services Employees.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 -

                                   Errors corrected.

                                   Pleadings.

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

                 Reports, 2002-2003 -

                          Administration of the Radiation Protection and Control Act 1982.

                          Boundary Adjustment Facilitation Panel.

                          Clare Valley Water Resources Planning Committee.

                          Commissioner of Charitable Funds.

                          Dental Board of South Australia.

                          Environment Protection Authority.

                          Food Act.

                          Patawalonga Catchment Water Management Board.

                          Reserve Planning and Management Advisory Committee.

                          South Australian National Parks and Wildlife Council.

                          The Administration of the Development Act.

                          Torrens Catchment Water Management Board.

                          Wildlife Advisory Committee.

                 Proposal by City of Port Augusta to extend its boundary into Spencer Gulf Report.

                 Operation of the South Australian Alcohol Interlock Scheme - Report, 11 September 2003.

                 Regulations under the following Acts -

                          Daylight Saving Act 1971 - Summer Time, 2003-2004.

                          Optometrists Act 1920 - Fees.

                          Public Corporations Act 1993 - Austrics Dissolution.

 

 

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the late Professor Margaret Tobin.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Climate Change in South Australia, together with a Report into Climate Change in South Australia undertaken by the Climate Impact Group, CSIRO Atmospheric Research.

 

Ministerial
Statement and
Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Industry, Trade and Regional Development (The Hon. R. J. McEwen, M.P.) concerning a Review of the Department for Business, Manufacturing and Trade, together with a copy of the Report.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Social Justice (The Hon. S. W. Key, M.P.) concerning Family and Youth Services Staffing.

 

Ministerial
Statement Tabled.

 

  8.

At twenty minutes past three o’clock the sitting was suspended and the President and Council proceeded to Government House to present the Address in Reply to the Opening Speech of His Excellency the Governor’s Deputy.

                 And being returned.

                 The President resumed the Chair and reported that, accompanied by Honourable Members he had been at Government House and there presented to Her Excellency the Governor the Address in Reply as adopted by the Council on 13 October 2003 and that Her Excellency had been pleased to reply as follows:

                 THE HONOURABLE THE PRESIDENT AND HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL:

                 Thank you for the Address-in-Reply to the Speech with which the Governor’s Deputy opened the Third Session of the Fiftieth Parliament.

                 I am confident that you will give your best consideration to all matters placed before you.

                 I pray for God’s blessing upon your deliberations.

Government House, Adelaide.                 MARJORIE JACKSON-NELSON, Governor.

14 October 2003.

 

Address in Reply:
Presentation.

 

   9.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning Changes to the School Materials and Services Charge for 2004.

 

Ministerial
Statement Tabled.

 

10.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994 and to repeal the Superannuation (Visiting Medical Officers) Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Southern State
Superannuation
(Visiting Medical
Officers)
Amendment Bill.

 

11.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Superannuation Funds Management Corporation of South Australia Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Superannuation
Funds Management
Corporation of
South Australia
(Miscellaneous)
Amendment Bill.

 

12.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Summary Offences (Offensive Weapons) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Summary Offences
(Offensive Weapons)
Amendment Bill.

 

14.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

15.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Anti-Fortification)
Bill.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Agriculture, Food and Fisheries -

                 That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

Sessional
Standing Order -
Citizen’s Right
of Reply.

 

 

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)   “Member” includes a former Member of the Legislative Council.

Which the Hon. R. D. Lawson had moved to amend as follows -

Paragraph V, subparagraph (c) - By adding the following words at the end of the paragraph - “at least one clear sitting day prior to the publication of the response”.

Paragraph VII - By adding the following words at the end of the paragraph - “Nothing in this clause will prevent a Member from responding to matters contained in the response”:

Debate resumed.

On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.

 

 

 

17.

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.

 

18.

On the Order of the Day being read for the adjourned debate on the question - That the Statute Law Revision 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. 4 agreed to.

                          Schedule 1 agreed to.

                          Schedule 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.

 

Statute Law
Revision Bill.

 

19.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

20.

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

Message No. 9

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Administration and Probate Act 1919, without any amendment.

House of Assembly, 13 October 2003.                                                I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Administration
and Probate
(Administration
Guarantees)
Amendment Bill.

 

 

 

Message No. 10

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Authorised Betting Operations Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 October 2003.                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries 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.

 

Authorised Betting
Operations
(Licence and
Permit Conditions)
Amendment Bill.

 

21.

Ordered - That the adjourned debate on the motion of the Minister for Agriculture, Food and Fisheries -

                 That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

Sessional
Standing Order -
Citizen’s Right
of Reply.

 

 

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)   “Member” includes a former Member of the Legislative Council.

Which the Hon. R. D. Lawson had moved to amend as follows -

Paragraph V, subparagraph (c) - By adding the following words at the end of the paragraph - “at least one clear sitting day prior to the publication of the response”.

Paragraph VII - By adding the following words at the end of the paragraph - “Nothing in this clause will prevent a Member from responding to matters contained in the response”:

- be now resumed.

Debate resumed.

Question - That the words proposed to be inserted by the Hon. R. D. Lawson in Paragraph V(c) be so inserted - put and passed.

Question - That the words proposed to be inserted by the Hon. R. D. Lawson in Paragraph VII be so inserted - put and negatived.

Question - That the motion moved by the Minister for Agriculture, Food and Fisheries and as amended by the Hon. R. D. Lawson, be agreed to - put and passed.

 

 

 

22.

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. R. D. Lawson

The Hon. J.M.A. Lensink

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