SOUTH AUSTRALIA]

No. 2

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  SEPTEMBER  2004

 

 

 

   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 Hon. J. M. Gazzola brought up the First Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
First Report,
2004-2005.

 

 

   3.

The Hon. J. M. Gazzola brought up the Second Report, 2004-2005 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices 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
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

District Court Act 1991 - Fees.

Sheriff’s Act 1978 - Fees.

Authorised Betting Operations Act 2000 - Authorised Betting Operations - Bookmakers Licensing - Responsible Gambling.

Physiotherapists Act 1991 - Qualifications.

Water Resources Act 1997 - Lower South East - Commercial Forestry.

Development Act 1993 - Commercial Forestry.

Liquor Licensing Act 1997 - Long Term Dry Areas - Mount Gambier.

Dog and Cat Management Act 1995 - Identification of Dogs.

 

Legislative
Review
Committee -
Second Report,
2004-2005.

 

    4.

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

        By the Minister for Industry and Trade (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Murray-Darling Basin Commission.

                          South Australian Metropolitan Fire Service.

                 Reports, 2003-2004 -

                          Listening and Surveillance Devices Act, 1972.

                          Return of Authorisation Issued to Enter Premises Under Section 83C(1).

                          Witness Protection Act 1996.

                 Reports -

                          Adelaide Film Festival Charter.

                          Aware of Route Service Licence on Adelaide-Coober Pedy Scheduled Airline Route.

                          Government Board and Committees Information - Listing of Board and Committees (by Portfolio) as at 30 June 2004 -

                                   Volume 1 of 3.

                                   Volume 2 of 3.

                                   Volume 3 of 3.

                          Land Management Corporation Charter.

                          Transport SA Rail Land Project - Removal of Track Infrastructure.

                 Regulations under the following Acts -

                          Conveyancers Act 1994 - Correction.

                          Country Fires Act 1989 - CFS Organisations.

                          Criminal Law Consolidation Act 1935 - Witness Fees.

                          Electricity Corporations (Restructuring and Disposal) Act 1999 - Payments.

                          Gas Act 1997 -

                                   Recovery Provisions.

                                   Regulatory Framework.

                          Highways Act 1926 -

                                   Port River Expressway.

                                   Revocation of Regulations.

                          Land Acquisition Act 1969 - Forms.

                          Land Agents Act 1994 - SA Homebuyers Seminars.

                          Liquor Licensing Act 1997 - Long Term Dry Areas -

                                   City of Onkaparinga.

                                   Copper Coast.

                          Maritime Services (Access) Act 2000 - Parts Access Regime.

                          Motor Vehicles Act 1959 - Driver Standards Group.

                          Passenger Transport Act 1994 -

                                   Animals.

                                   Standby Taxi Licence.

                          Plumbers, Gas Fitters and Electricians Act 1995 - Apprentices.

                          Road Traffic Act 1961 - Taxi Zones.

                          South Australian Country Arts Trust Act 1992 - Country Arts Board.

                          Subordinate Legislation Act 1978 - Postponement of Expiry.

                          Trustee Companies Act 1988 - Scheme of Regulation.

                          Victims of Crime Act 2001 - Allowable Victim Compensation.

                          Volunteers Protection Act 2001 - Remuneration.

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 - Summonses.

                          Supreme Court - Supreme Court Act 1935 - Interest Rate.

                 Report of the Attorney-General made pursuant to Section 71 of the Evidence Act 1929 relating to Suppression Orders - 2003-2004.

                 Return pursuant to Section 74B of the Summary Offences Act 1953, Road Block Establishment Authorisations - 1 April 2004 - 30 June 2004.

                 Return pursuant to Section 83B of the Summary Offences Act 1953, Dangerous Area Declaration - 1 April 2004 - 30 June 2004.

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

                 Reports , 2003-2004 -

                          Phylloxera and Grape Industry Board of South Australia.

                          Physiotherapists Board of South Australia.

                 Regulations under the following Acts -

                          Agricultural and Veterinary Products (Control of Use) Act 2002 - Chemicals.

                          Authorised Betting Operations Act 2000 - Fixed-Odds Betting.

                          Chicken Meat Industry Act 2003 - Fees.

                          Chiropodists Act 1950 - Advertising Restrictions.

                          Controlled Substances Act 1984 - Clean Needle Programs.

                          Daylight Saving Act 1971 - Summer Time.

                          Environment Protection Act 1993 - EPA Board.

                          Fisheries Act 1982 - Aquatic Reserves.

Papers.

 

 

                          Livestock Act 1997 - Stock Feeds.

                          Maralinga Tjarutja Land Rights Act 1984 - Co-management Board.

                          Meat Hygiene Act 1994 - Retail Meat Processing.

                          National Parks and Wildlife Act 1972 -

                                   Co-managed Park.

                                   Unnamed Conservation Park.

                          Occupational Health, Safety and Welfare Act 1986 - Asbestos.

                          Occupational Therapists Act 1974 - Qualifications.

                          Public and Environmental Health Act 1987 - Notifiable Diseases.

                          Public Intoxication Act 1984 - Petrol.

                          South Australian Local Government Grants Commission Act 1992 - Councils.

                          Water Resources Act 1997 - Northern Adelaide Plains.

                          Workers Rehabilitation and Compensation Act 1986 - Maxima Training Group Inc.

                 Rules under Acts -

                          Authorised Betting Operations - Betting Review.

                          Local Government - Eligible Rollover Fund.

                 Department of Health and Department of Families and Communities Response to the Recommendations of the Report of the Select Committee on Pitjantjatjara Land Rights.

                 205th Report of the Public Works Committee - Public Capital Works consultancies - Response to the Report.

                 Response to Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation.

 

 

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Police (The Hon. K. O. Foley, M.P.) concerning Youth Crime in the North-Eastern Suburbs.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning Vacant Allotments in the Mount Lofty Ranges Watershed.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her question to the Minister and for the Minister to complete 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.

 

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   9.

The Minister for Industry and Trade, by leave, tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. J. Maywald, M.P.) concerning the River Murray Water Resource Conditions and Authorised Use of Water from the River Murray.

 

Ministerial
Statement Tabled.

 

10.

The Hon. S. M. Kanck, pursuant to notice, moved - That the Development (Protection of Solar Collectors) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for Wednesday next.

 

Development
(Protection of Solar
Collectors)
Amendment Bill.

 

 

11.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to respect, protect and promote human rights.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

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

 

Human Rights
Bill.

 

12.

The Minister for Industry and Trade, pursuant to notice, moved - That unless otherwise ordered, for the duration of this Session -

               I.      The Council meets for the dispatch of business on Monday at 2.15 p.m.; and

             II.      Government Business shall on Mondays be entitled to take precedence on the Notice Paper of all other business.

Debate ensued.

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

 

Sessional Order:
Monday Sittings.

 

13.

The Minister for Industry and Trade, pursuant to notice, moved -

        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 -

               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 at least one clear sitting day prior to the publication of the response;

                       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.

Debate ensued.

Question put and passed.

 

Citizen’s Right
of Reply -
Motion re.

 

14.

The Minister for Industry and Trade, pursuant to notice, moved - That the Statutes Amendment and Repeal (Aggravated Offences) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Statutes Amendment
and Repeal
(Aggravated
Offences) Bill.

 

 

15.

The Minister for Industry and Trade, pursuant to notice, moved - That the Criminal Law Consolidation (Abolition of Drunk’s Defence) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Criminal Law
Consolidation
(Abolition of
Drunk’s Defence)
Amendment Bill.

 

 

16.

The Minister for Industry and Trade, pursuant to notice, moved - That the Professional Standards Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Professional
Standards Bill.

 

 

17.

The Minister for Industry and Trade, pursuant to notice, moved - That the Stamp Duties (Miscellaneous) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Stamp Duties
(Miscellaneous)
Amendment Bill.

 

 

18.

The Minister for Industry and Trade, pursuant to notice, moved - That the Tobacco Products Regulation (Further Restrictions) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Tobacco Products
Regulation (Further
Restrictions)
Amendment Bill.

 

 

19.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Correctional Services (Parole) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Correctional
Services (Parole)
Amendment Bill.

 

 

20.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the Medical Practice Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

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

 

Medical Practice
Bill.

 

 

21.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Pitjantjatjara Land Rights Act 1981.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation 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.

 

Pitjantjatjara Land
Rights (Regulated
Substances)
Amendment Bill.

 

22.

Ordered - That Notice of Motion (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

23.

The Minister for Industry and Trade, according to order, from the Committee appointed to prepare a Draft Address-in-Reply to the Opening Speech of His Excellency the Governor’s Deputy, brought up the Draft Address, which was read by the Clerk as follows:

Address-in-Reply.

 

 

                 To Her Excellency Marjorie Jackson-Nelson, Companion of the Order of Australia, Commander of the Royal Victorian Order and Member of the Order of the British Empire, Governor in and over the State of South Australia in the Commonwealth of Australia:

        MAY IT PLEASE YOUR EXCELLENCY -

                 1.      Through Your Excellency, we, the Members of the Legislative Council, thank His Excellency the Governor’s Deputy for the Speech with which he has been pleased to open Parliament.

                 2.      We assure Your Excellency that we will give our best attention to all matters placed before us.

                 3.      We earnestly join in His Excellency’s prayer for the Divine blessing on the proceedings of the Session.

                 The Hon. J. M. Gazzola moved - That the Address-in-Reply, as read, be adopted.

                 The Hon. G. E. Gago having seconded the motion:

                 Debate ensued.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

 

 

24.

Council adjourned at four minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

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