SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  15  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.

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

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

                 Reports, 2002-2003 -

                          Non-Government Schools Registration Board.

                          South Australian Country Fire Service.

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

                 Adelaide Convention Centre - Report, 2002-2003.

 

Papers.

 

   3.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Attorney-General’s Department Salaries.

 

Ministerial
Statement Tabled.

 

   4.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General concerning Computer Offences and Identity Theft.

 

Ministerial
Statement Tabled.

 

   5.

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. T. G. Cameron to complete asking a question of the Minister for Aboriginal Affairs and Reconciliation 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.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. M. J. Wright, M.P.) concerning Rail Safety.

 

Ministerial
Statement Tabled.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the General Regulations under the Victims of Crime Act 2001, made on 24 July 2003 and laid on the Table of this Council on 16 September 2003, be disallowed.

                 Question put and passed.

 

Victims of
Crime Act -
General Regulations -
Motion for
disallowance of.

 

   9.

Ordered - That Notices of Motion (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

10.

The Hon. I. Gilfillan, pursuant to notice, moved - That this Council respectfully requests the President to reconsider his Ruling and Opinion regarding laying aside of the Crown Lands (Freeholding) Amendment Bill given on 24 September 2003.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

President’s Ruling
regarding Crown
Lands (Freeholding)
Amendment Bill -
Motion re.

 

11.

Ordered - That Notice of Motion (Private Business) No. 6 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Tobacco Products Regulation Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Tobacco Products
Regulation
(Smoking in the
Casino and
Gaming Venues)
Amendment Bill.

 

13.

The Hon. N. Xenophon, having obtained leave to amend the motion of which notice had been given, moved -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the current dispute between Mutual Community (the trading name of BUPA Australia Health Pty. Ltd. in South Australia) and Healthscope Limited, and in particular -

(a)     The management structure of the Adelaide Community Healthcare Alliance (ACHA) with respect to the Ashford Hospital, Flinders Private Hospital and Memorial Hospital;

(b)    The decision of the ACHA Board, and contractual arrangements entered into by the ACHA Board, for Healthscope Limited to operate and manage the Ashford Hospital, Flinders Private Hospital and Memorial Hospital, including performance measures and future options given under the contractual arrangements;

(c)     The contractual dispute between Healthscope Limited and Mutual Community in relation to contractual payments for services provided to Mutual Community members at the Ashford Hospital, Flinders Private Hospital and Memorial Hospital;

(d)    The impact, including potential impact, of this dispute on South Australian consumers of health services in South Australian private hospitals;

(e)     The powers available to the Minister for Health to protect South Australian health consumers during the dispute, and in particular the powers pursuant to Part 4A of the South Australian Health Commission Act 1976; and

(f)     Any other matter.

             II.      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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            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.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Dispute between
Mutual Community
and Healthscope
Ltd. -
Motion for Select
Committee on.

 

14.

Ordered - That Notice of Motion (Private Business) No. 9 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

15.

The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Victims of Crime Act 2001.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Victims of Crime
(Statutory
Compensation for
Victims of Certain
Sexual Offences)
Amendment Bill.

 

16.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 21 be postponed and taken into consideration after Order of the Day (Private Business) No. 22.

 

Postponement
of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the operation of the Mount Gambier Health Service since July 2002 and, in particular, the following issues -

(a)     the negotiation of the contracts with resident specialist doctors;

(b)    the actions of the Chief Executive officer of the Hospital in dealing with medical specialists;

(c)     the impact of Mount Gambier Hospital on financial cuts to other hospitals within the region in the years 2002-2003 and 2003-2004;

(d)    the involvement and actions of the Department of Human Services in the management of these issues;

(e)     the selection process and appointment of Mr. McNeil as Chief Executive Officer of the Hospital;

(f)     the impact on health services in the Mount Gambier region of these issues; and

(g)    any other matter.

             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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended as 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.:

                 Which the Hon. D. W. Ridgway had moved to amend in paragraph II by leaving out “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”:

                 Debate resumed.

                 The Hon. G. E. Gago moved to amend the motion in Paragraph I by leaving out all words after “That” in line 1 and inserting the following:

                       “a Joint Committee be appointed to investigate and report on the operation of the Mount Gambier District Health Service, and in particular, the following issues -

(a)     the negotiation of contracts with resident specialist doctors and other staffing issues;

(b)     the funding of the South East Regional Health Service and the Mount Gambier District Health Service;

(c)     the involvement and actions of the Department of Human Services in the management of these issues;

(d)     regional service planning as it relates to the health needs of the community and the Government’s health reform agenda;

(e)     the impact on health services in the Mount Gambier area of these issues; and

(f)      any other matter.”

                 And by leaving out paragraphs II, III and IV and inserting the following:

    “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.”

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

 

Mount Gambier
District Health
Service -
Motion for
Select Committee on.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That this Council congratulates the Government on its appointments of Justice Ann Vanstone, Judge Trish Kelly and Magistrates Maria Panagiotidis and Penny Eldridge to greatly enhance representation of women in the South Australia judiciary:

                 Debate resumed.

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

 

Appointments of
Women to the
South Australian
Judiciary -
Motion re.

 

19.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That the Report of the Statutory Authorities Review Committee, 2002-2003 be noted:

                 Debate resumed.

                 Question put and passed.

 

Report of the
Statutory Authorities
Review Committee,
2002-2003
be noted -
Motion re.

 

21.

At 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.

 

22.

Ordered - That Order of the Day (Government Business) No. 7 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

23.

Ordered - That Orders of the Day (Private Business) No. 8 and No. 9 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Environment, Resources and Development Committee on Stormwater Management be noted:

                 Debate resumed.

                 Question put and passed.

 

Report of the
Environment,
Resources and
Development Committee on
Stormwater
Management
be noted -
Motion re.

 

 

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. L. Evans -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The status of fathers in South Australia by reference to the current level of recognition of their role in family formation and child rearing and in the support given to them by the public and private sectors and the community in general.

(b)    The current difficulties facing fathers in South Australia from an economic, social, financial, legal and health perspective in the formation and maintenance of the family unit.

(c)     The nature and availability of Government and non-Government support and services for fathers in crisis in South Australia.

(d)    The ways in which the status of fathers and the level of support given to them in times of crisis can be improved.

             II.      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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

            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.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Status of Fathers -
Motion for Select
Committee on.

 

 

26.

Ordered - That the adjourned debate on the motion of the Hon. C. Zollo - That the Legislative Council congratulates the Government on retaining 100 per cent of the open space at Lochiel Park - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Retention of
open space at
Lochiel Park -
Motion re.

 

27.

Ordered - That Orders of the Day (Private Business) No. 12 to No. 15 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That Travel Reports of Members of this Council be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the President as required under the Members of Parliament Travel Entitlement Rules:

                 Debate resumed.

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

 

Availability of
Members’ Travel
Reports on
Internet -
Motion re.

 

29.

The Hon. R. D. Lawson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday next.

 

Summary Offences
(Loitering)
Amendment Bill.

 

30.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 21, No. 23 and No. 24 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

31.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to reform the law as it relates to torts; to amend the Wrongs Act 1936, the Limitation of Actions Act 1936 and the Motor Vehicles Act 1959.

                 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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Law Reform (Ipp
Recommendations)
Bill.

 

32.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

33.

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. G. E. Gago, the debate was adjourned until next day of sitting.

 

Summary Offences
(Offensive Weapons)
Amendment Bill.

 

34.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

35.

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

Message No. 11

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Crown Lands Act 1929 and to make related amendments to the Irrigation (Land Tenure) Act 1930, to which it desires the concurrence of the Legislative Council.

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

                 Bill 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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Crown Lands
(Miscellaneous)
Amendment Bill.

 

 

36.

Ordered - That the Council, at its rising, do adjourn until Monday, 20 October 2003, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

37.

Ordered - That the adjourned debate on the motion of the Hon. A. J. Redford -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the operation of the Mount Gambier Health Service since July 2002 and, in particular, the following issues -

(a)     the negotiation of the contracts with resident specialist doctors;

(b)    the actions of the Chief Executive officer of the Hospital in dealing with medical specialists;

(c)     the impact of Mount Gambier Hospital on financial cuts to other hospitals within the region in the years 2002-2003 and 2003-2004;

(d)    the involvement and actions of the Department of Human Services in the management of these issues;

(e)     the selection process and appointment of Mr. McNeil as Chief Executive Officer of the Hospital;

(f)     the impact on health services in the Mount Gambier region of these issues; and

(g)    any other matter.

             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 sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended as 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.:

                 Which the Hon. D. W. Ridgway had moved to amend in paragraph II by leaving out “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 which the Hon. G. E. Gago had moved to amend in Paragraph I by leaving out all words after “That” in line 1 and inserting the following:

                       “a Joint Committee be appointed to investigate and report on the operation of the Mount Gambier District Health Service, and in particular, the following issues -

(a)     the negotiation of contracts with resident specialist doctors and other staffing issues;

(b)     the funding of the South East Regional Health Service and the Mount Gambier District Health Service;

(c)     the involvement and actions of the Department of Human Services in the management of these issues;

(d)     regional service planning as it relates to the health needs of the community and the Government’s health reform agenda;

(e)     the impact on health services in the Mount Gambier area of these issues; and

(f)      any other matter.”

                 And by leaving out paragraphs II, III and IV and inserting the following:

    “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.”

                 - be now resumed.

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion in paragraph I by leaving out all words after “the operation of the” in line 2 and inserting the following:

                       “Mount Gambier District Health Service, and in particular, the following specific issues -

(a)     the negotiation of contracts with resident specialist doctors and other staffing issues;

(b)     the impact of the budget of the Mount Gambier District Health Service on other Health Services within the South East Region;

(c)     the involvement and actions of the Department of Human Services in the management of these issues;

(d)     regional service planning as it relates to the health needs of the community;

(e)     the impact on health services in the Mount Gambier area of these issues; and

(f)      any other related matter.”

                 Question - That the words proposed to be struck out by the Minister for Agriculture, Food and Fisheries in Paragraph I after “That”, and down to and including “the operation of the”, stand part of the motion - put and passed.

                 Question - That the words proposed to be struck out by the Hon. S. M. Kanck in paragraph I after “the operation of the” in line 2, stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck be so inserted - put and passed.

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

Mount Gambier
District Health
Service -
Motion for
Select Committee on.

 

 

                 Question - That the motion moved by the Hon. A. J. Redford, and as amended by the Hon. S. M. Kanck and the Hon. D. W. Ridgway, be agreed to - put and passed.

Suspension of
Standing Orders.

 

 

                 The Hon. A. J. Redford then moved - That the Select Committee consist of the Minister for Aboriginal Affairs and Reconciliation, the Hon. G. E. Gago, the Hon. S. M. Kanck, the Hon. D. W. Ridgway and the mover.

                 Question put and passed.

                 The Hon. A. J. Redford 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, 3 December 2003.

                 Question put and passed.

     

Select Committee
Appointed.

38.

Council adjourned at eleven minutes past ten o’clock until Monday, 20 October 2003, 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