SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  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 Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Vocational Education, Employment and Training Board - Report, 2001.

                 Independent Gambling Authority - Inquiry concerning Casino Codes of Practice Report.

 

Papers.

   3.

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 South Australian Drugs Summit.

 

Paper Tabled.

   4.

The Hon. C. Zollo brought up the First Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation, Rule and By-laws listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulation, Rule of Court and By-laws, the Committee may decide to take no further action.

                 Regulation and Rule referred to -

Workers Rehabilitation and Compensation Act 1986 - Rules - Tribunal Rules 2001.

Passenger Transport Act 1994 - Regulation - Taxi Fares.

                 By-laws referred to -

                          City of Tea Tree Gully - By-law No. 2 - Roads.

                          City of Tea Tree Gully - By-law No. 3 - Local Government Land

 

Legislative
Review
Committee -
First Report,
2002-2003.

   5.

The Hon. C. Zollo brought up the Second Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Second Report,
2002-2003.

 

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

   7.

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

                 Question put and passed.

                 Bill introduced and read a first time.

 

Statutes
Amendment
(Road Safety
Initiatives) Bill.

 

 

                 The Hon. D. V. Laidlaw then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 29 May 2002.

 

 

   8.

The Hon. N. Xenophon, pursuant to notice, moved - 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.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 29 May 2002.

       

Policies and
Practices of the
Housing Trust of
South Australia -
Statutory Authorities
Review Committee
to inquire into - Motion re.

 

   9.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council censures the Treasurer, the Hon. K. 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 the teachers’ pay rise.

                 And the Hon R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 29 May 2002.

 

Censure of the Treasurer -
Motion re.

10.

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

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until next day of sitting.

 

Supported
Accommodation -
Social Development
Committee
to inquire into -
Motion re.

11.

The Hon. C. V. Schaefer, pursuant to notice, moved - 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.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday, 29 May 2002.

 

Food for the Future
and State Food
Plan  success -
Motion re.

12.

Ordered - That Notice of Motion (Private Business) No. 8 be an Order of the Day for Wednesday, 29 May 2002.

 

Postponement
of Business.

13.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 4 be postponed and taken into consideration on Wednesday, 29 May 2002.

 

Postponement
of Business.

14.

On the Order of the Day being read for the adjourned debate on the 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

Internet and
Interactive Home Gambling -
Motion for Select
Committee on.

 

 

     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.:

                 Debate resumed.

                 The Hon. C. Zollo moved to amend the motion in paragraph I, by leaving out “the feasibility of prohibiting” and by leaving out all words after “the State of South Australia” and inserting “and the desirability and feasibility of regulating or prohibiting such activities”, in paragraph II by leaving out the words “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” and by inserting new paragraph V as follows -

“V.    That the evidence given to the Legislative Council Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia be tabled and referred to the Select Committee.”

                 Question - That the words proposed to be struck out by the Hon. C. Zollo in paragraph I stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. C. Zollo be so inserted - put and passed.

                 Question - That the words proposed to be struck out by the Hon. C. Zollo in paragraph II stand part of the motion - put and negatived.

                 Question - That new paragraph V, as proposed to be inserted by the Hon. C. Zollo, be so inserted - put and passed.

                 Question - That the motion moved by the Hon. N. Xenophon, and as amended by the Hon. C. Zollo, be agreed to - put and passed.

Standing Orders Suspended.

 

 

                The Hon. N. Xenophon moved - That the Select Committee consist of the Minister for Agriculture, Food and Fisheries, the Hon. J. Gazzola, the Hon. R. I. Lucas, the Hon. A. J. Redford and the mover.

                Question put and passed.

                 The Hon. N. Xenophon 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,
20 November 2002.

                 Question put and passed.

 

Committee Appointed.

15.

The President, in accordance with the Resolution of the Council, tabled the Minutes of Proceedings and Evidence of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia.

 

Select Committee
on Internet and
Interactive Home
 Gambling and
Gambling by
other means of
Telecommunication
in South Australia -
Minutes Tabled.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 9 be Orders of the Day for Wednesday, 29 May 2002.

 

Postponement
of Business.

17.

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

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

18.

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

                 Debate resumed.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday, 29 May 2002.

 

Dignity in Dying
Bill.

20.

On the Order of the Day being read for the adjourned debate on the 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:

                 Debate resumed.

                 Question put and passed.

 

Independence
of East Timor -
Motion re.

21.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - 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.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 29 May 2002.

 

Statutes
Amendment
(Road Safety
Initiatives) Bill.

 

22.

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.

23.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Next Day
of Sitting.

24.

Council adjourned at thirty minutes past nine 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. 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