SOUTH AUSTRALIA]

No. 89

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  15  JULY  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. 70, 225, 235, 264 and 269 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 following Papers were laid upon the Table, viz.:

        By the President -

                 Supplementary Report of the Auditor-General, 2001-2002 - Process of Procurement of a Magnetic Resonance Imaging Machine by the North-Western Adelaide Health Service.

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

                 Regulation under the following Act -

                          Stamp Duties Act 1923 - Recognised Financial Markets.

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

                 Animal and Plant Control Commission - South Australia - Report, 2002.

                 Education Adelaide Charter.

 

Papers.

 

   4.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Legal Challenge by the State Government to the Commonwealth’s Compulsory Acquisition of Certain Land within the Arcoona Pastoral Lease, together with a copy of a letter to Mr. Warren McCann, Chief Executive, Department of Premier and Cabinet, from the Hon. Peter Slipper, M.P., Acting Parliamentary Secretary to the Prime Minister, dated 7 July 2003, and attachments containing necessary Declarations and Certificates of Compulsory Acquisition of an Interest in Land, pursuant to the Land Acquisition Act 1989 of the Commonwealth of Australia.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Memorandum to him from Mr David Blight, Executive Director, Minerals, Petroleum and Energy, dated 27 May 2003, concerning Low-Level Radioactive Minerals and Storage of Mine Waste Products in the Gazetted Radium Hill Low-Level Radioactive Waste Repository.

 

Document Tabled.

 

   6.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. C. V. Schaefer to complete her question to the Minister and for him to give his 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.

 

   7.

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

                 Debate resumed.

                 On motion of the Hon. K. J. Reynolds, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

 

   8.

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.

 

   9.

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

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Self Defence) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

11.

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

                 Debate resumed.

                 And the Hon. J. F. Stefani having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Nuclear Waste)
Bill.

 

12.

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.

 

13.

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

                 Debate resumed.

Statutes
Amendment (Nuclear Waste) Bill.

 

 

 

                 The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a letter from the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) to The Hon. T. G. Cameron, dated 11 July 2003.

                 Question put and passed.

                 Bill read a second time.

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

                 Question put.

Document Tabled.

 

 

             Council divided:

Ayes, 11

The Hon. T. G .Cameron

The Hon. A. L. Evans

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

 

 

14.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Private Business) No. 4.

 

Postponement
of Business.

16.

The Hon. N. Xenophon, according to order, moved - That the Regulations under the Criminal Injuries Compensation Act 1978 concerning Scale of Costs, made on 19 December 2002 and laid on the Table of this Council on 18 February 2003, be disallowed.

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

 

Criminal Injuries and
Compensation Act -
Regulations -
Scale of Costs -
Motion for
disallowance of.

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Criminal Law (Sentencing) (Serious Repeat Offenders) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. R. D. Lawson moved on page 3, line 3, to leave out “Serious Repeat Offenders” and insert “Habitual Criminals”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 1 agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. R. D. Lawson moved on page 3, lines 11 to 31, page 4 lines 1 to 33, and page 5, lines 1 to 21, to leave out the clauses No. 4 and No. 5 and insert new clauses as follow:

Substitution of heading to Part 2 Division 3

4. Heading to Part 2 Division 3—delete the heading and substitute:

              Division 3—Disproportionate sentences and sentences of indeterminate duration

Substitution of section 22

5. Section 22—delete the section and substitute:

         Serious Repeat Offenders

                   22. (1) In this section—

"home invasion" means a criminal trespass committed in a place of residence while a person is lawfully present in the place and the trespasser knows of the person's presence or is reckless about whether anyone is in the place;

"serious drug offence" means—

(a)    an offence against section 32 of the Controlled Substances Act 1984; or

(b)    a conspiracy to commit, or an attempt to commit, such an offence; or

(c)    an offence of acting as an accessary to the commission of such an offence1;

"serious offence" means an offence for which a maximum penalty of, or including, imprisonment for period of 5 years or more is prescribed and that is—

(a)    a serious drug offence; or

(b)    one of the following offences:

(i)      an offence against the person under Part 3 of the Criminal Law Consolidation Act 1935;

(ii)     an offence of robbery or robbery with violence;

(iii)    home invasion;

(iv)   an offence of damage to property by fire or explosives;

(v)    an offence of causing a bushfire;

(vi)   a conspiracy to commit, or an attempt to commit, an offence referred to in subparagraph (i), (ii), (iii), (iv) or (v)2; or

(c)    an offence that is committed in circumstances in which the offender uses violence or a threat of violence for the purpose of committing the offence, in the course of committing the offence, or for the purpose of escaping from the scene of the offence.

1.See section 41 of the Controlled Substances Act 1984.

2.A person who acts as an accessary to the commission of an offence described in paragraph (b) is, by virtue of section 267 of the Criminal Law Consolidation Act 1935, guilty of the principal offence and has, therefore, committed a "serious offence".

                                   (2) A person is liable to be declared a serious repeat offender if—

Criminal Law
(Sentencing)
(Serious Repeat
Offenders)
Amendment Bill.

 

(a)    the person has been convicted of at least three offences to which this section applies; and

(b)    there were at least three separate occasions on which an offence to which this section applies was committed.

         (3) An offence is one to which this section applies if—

(a)    the offence is—

(i)      a serious offence; or

(ii)     an offence against the law of another State or Territory that would, if committed in this State, be a serious offence; or

(iii)    an offence against a law of the Commonwealth dealing with the unlawful importation of drugs into Australia; and

(b)    either—

(i)      a sentence of imprisonment (other than a suspended sentence) has been imposed for the offence; or

(ii)     if a penalty is yet to be imposed—a sentence of imprisonment (other than a suspended sentence) is, in the circumstances, the appropriate penalty.

         (4) If a court convicts a person of a serious offence, and the person is liable, or becomes liable as a result of the conviction, to a declaration that he or she is a serious repeat offender, the court—

(a)    must consider whether to make such a declaration; and

(b)    if of the opinion that the person's history of offending warrants a particularly severe sentence in order to protect the community—should make such a declaration.

         (5) If a court convicts a person of a serious offence, and the person is declared (or has previously been declared) to be a serious repeat offender —

(a)    the court is not bound to ensure that the sentence it imposes for the offence is proportional to the offence; and

(b)    any non-parole period fixed in relation to the sentence must be at least four-fifths the length of the sentence; and

(c)    the Supreme Court may, on application by the Director of Public Prosecutions, direct that, on the expiration of all terms of imprisonment that the person is liable to serve, the person be detained in custody until further order.

         (6) If a direction is made under subsection (5)(c), the person against whom it is made is to be detained in the same way as if sentenced to imprisonment and the Correctional Services Act 1982 applies accordingly.

         (7) A person who is detained in custody in accordance with such a direction is, subject to this Act, not to be released from that detention until the Supreme Court, on application by the Director of Public Prosecutions or the person, discharges the order for detention.

Amendment of section 24—Release on licence

6. Section 24(1)—delete "detained in custody" and insert:

         who has been detained in custody until further order”.

                 Question - That clause No. 4 stand as printed - put and passed.

                          Clause No. 4 agreed to.

                 Question - That clause No. 5 stand as printed - put and passed.

                          Clause No. 5 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.

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

                 Question put.

 

 

             Council divided:

Ayes, 11

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. I. Gilfillan (Teller)

 

 

 

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

18.

Ordered - That the adjourned debate on the question - That the Criminal Law Consolidation (Self Defence) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

Criminal Law
Consolidation
(Self Defence)
Amendment Bill.

 

             Council divided:

Ayes, 14

The Hon. J.S.L. Dawkins

The Hon. J. M. Gazzola

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

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

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. A. L. Evans

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. I. Gilfillan (Teller)

 

 

 

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be an Order of the Day for next day of sitting.

 

 

19.

Ordered - That the remaining Orders of the Day (Private Business) 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. 123

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 July 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.

 

Messages from
House of Assembly:
Stamp Duties
(Rental and
Mortgage Duty)
Amendment Bill.

 

 

Message No. 124

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has passed the resolution transmitted herewith as indicated in the annexed Schedule, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 July 2003.                                                                                I. P. LEWIS, Speaker.

Schedule of the Resolution of the House of Assembly

That it is the opinion of this House, a Joint Committee be appointed to inquire into the adoption of a Code of Conduct for all Members of Parliament, and in doing so consider -

(a)     a Code of Conduct for all Members of Parliament, addressing -

(i)      the integrity of Parliament;

(ii)     the primacy of the public interest over the furthering of private interests;

(iii)    disclosure of interest;

(iv)    conflict of interest;

(v)     independence of action (including bribery, gifts and personal benefits, sponsored travel/accommodation, paid advocacy);

(vi)    use of entitlements and public resources;

(vii)   honesty to Parliament and the public;

(viii)  proper relations with Ministers and the public service;

(ix)    confidentiality of information;

(x)     appropriate use of information and inside information;

(xi)    Government contracts; and

(xii)   duties as a Member of Parliament;

(b)    a procedure for enforcement of the Code by Parliament that ensures recognition of the responsibility of each House of Parliament for its own affairs and the supremacy of the institution of Parliament in the Westminster system, effective investigation and adjudication of complaints, is impartially administered and protects members who are the subject of an allegation (including trivial and vexatious complaints) in a similar way to a court or professional disciplinary body;

(c)     an appropriate method by which Parliament should adopt a Code (e.g. by legislation, resolution, Standing Order or any other method), taking into consideration how best to engender knowledge and understanding of it by the public as well as by Members;

(d)    the relationship between the Code and statutory requirements for disclosure of Members’ financial interests; and

(e)     whether a code of conduct should be adopted for officers of the Parliament; and

(f)     an introductory and continuing ethical and constitutional education program for Members, having regard to -

(i)      the discussion paper and draft Code of Conduct for Members of Parliament prepared by the Legislative Review Committee in 1996;

(ii)     standards of conduct required of public servants by the Public Sector Management Act 1995;

(iii)    the way other jurisdictions (including the UK and Canada) have developed - codes of conduct and draft codes of conduct for Members of Parliament, enforcement procedures, advisory services for Members, introductory and continuing legal education programs and informing the public about the code and its enforcement; and

(iv)    written submissions from members of the public and from persons with expertise in the areas under report:

and in the event of a Joint Committee being appointed, that the House of Assembly be represented on the Committee by three Members, of whom two shall form a quorum of Assembly Members necessary to be present at all sittings of the Committee.

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

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

 

Joint Committee
on a Code of
Conduct for
Members of
Parliament.

 

Message No. 125

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Waterworks Act 1932, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 July 2003.                                                                                I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Waterworks
(Save the River
Murray Levy)
Amendment Bill.

 

21.

Council adjourned at five minutes past ten 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. 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