SOUTH AUSTRALIA]

No. 66

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  15  NOVEMBER  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

The Treasurer (The Hon. R. I. Lucas) without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 24 and Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

    4.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Law Reform (Delay in Resolution of Personal Injury Claims) Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and 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 with amendments; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

Law Reform
(Delay in Resolution
of Personal Injury
Claims) Bill.

   5.

Ordered - That the adjourned debate on the question - That the Fair Trading (Pyramid Selling and Defences) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Fair Trading
(Pyramid Selling
and Defences)
Amendment Bill.

 

 

                 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.

                          Clause No. 5 amended and agreed to.

                          Clauses No. 6 and No. 7 agreed to.

                          Schedule 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 with amendments; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

 

   6.

Ordered - That the adjourned debate on the question - That the Retail and Commercial Leases (Casual Mall Licences) Amendment Bill be now read a second time - be now resumed.

                 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.

                          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 Attorney-General, 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.

 

Retail and
Commercial Leases
(Casual Mall
Licences)
Amendment Bill.

 

   7.

Ordered - That the adjourned debate on the question - That the Classification (Publications, Films and Computer Games) (Miscellaneous No. 3) Amendment Bill be now read a second time - be now resumed.

                 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. 26 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.

 

Classification
(Publications,
Films and
Computer Games)
(Miscellaneous
No. 3) Amendment Bill.

 

 

                 The Attorney-General, 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.

 

 

   8.

At three minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

   9.

The Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. N. Xenophon from 20 residents of South Australia, concerning Voluntary Euthanasia.  The Petitioners pray that this Honourable House will -

·          reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·          move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

·          move to ensure adequate funding for palliative care for terminally ill patients.

 

Petition -
No. 75 -
Voluntary
Euthanasia.

 

  10.

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

        By the Treasurer (The Hon. R. I. Lucas) -

                 Reports, 2000-2001 -

                          Construction Industry Training Board.

                          South Eastern Water Conservation and Drainage Board.

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Reports, 2000-2001 -

                          SA Water.

                          South Australian Totalizator Agency Board (SA TAB Pty. Ltd.).

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Attorney-General’s Department - Incorporating the Department of Justice Report, 2000-2001.

        By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Reports, 2000-2001 -

                          Chiropractors Board of South Australia.

                          Land Board.

                          Nurses Board of South Australia.

                          Occupational Therapists Registration Board of South Australia.

                          Passenger Transport Board.

                          TransAdelaide.

        By the Minister for Disability Services (The Hon. R. D. Lawson) -

                 Reports, 2000-2001 -

                          Guardianship Board of South Australia.

                           Office of the Public Advocate.

                          Pharmacy Board of South Australia.

        By the Minister for Administrative Services (The Hon. R. D. Lawson) -

                 Reports, 2000-2001 -

                          Department for Administrative and Information Services.

                          Freedom of Information Act 1991.

                          Privacy Committee of South Australia.

                          State Records of South Australia - Report on the administration of the State Records Act 1997.

 

Papers.

11.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning Indigenous Sporting Champions.

 

Paper Tabled.

12.

Ordered - That the adjourned debate on the question - That the Legal Practitioners (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 The Hon. I. Gilfillan having sought leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

13.

Ordered - That the adjourned debate on the question - That the Freedom of Information (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time

                 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

 

                          Clause No. 1 read.

                          To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 124 from the House of Assembly relating to the Retirement Villages (Miscellaneous) Amendment Bill.

 

In the Committee

 

                 The Minister for Disability Services moved - That the Amendment of the House of Assembly be agreed to.

                 Question put.

Retirement Villages
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 14

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

_____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

 

 

15.

The Treasurer, according to order, moved - That the Statutes Amendment (Bookmakers) Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Bookmakers) Bill.

16.

Ordered - That the adjourned debate on the question - That the State Supply (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

State Supply
(Miscellaneous)
Amendment Bill.

 

17.

Ordered - That the adjourned debate on the question - That the Volunteers Protection Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Volunteers
Protection Bill.

 

18.

Ordered - That the remaining Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 28 November 2001.

 

Postponement
of Business.

  20.

Ordered - That the Council at its rising do adjourn until Tuesday, 27 November 2001, at fifteen minutes past two o’clock.

 

Next Day of Sitting.

21.

Council adjourned at two minutes past six o’clock until Tuesday, 27 November 2001 at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

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. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo