SOUTH AUSTRALIA]

No. 2

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  16  SEPTEMBER  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. 16, 231, 261, 266 to 268, 280 and 281 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 Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2001-2002 -

                          Langhorne Creek Wine Industry Fund.

                          Primary Industry Funding Schemes Act 1998 - Riverland Wine Industry Fund.

                 Advisory Board of Agriculture - Report, 2002-2003.

                 Citrus Board of South Australia - Report for the Year ended 30 April 2002.

                 Government Boards and Committees Information (by portfolio) as at 30 June 2003 - Volumes 1-3.

                 Regulations under the following Acts -

                          Branding of Pigs Act 1964 - Tracing of Livestock.

                          Children’s Services Act 1985 -

                                   Revision.

                                   Revocation.

                          Fair Trading Act 1987 - Related Acts.

                          Fisheries Act 1982 -

                                   Abalone, Undersized Fish.

                                   Scheme of Management Variation - Abalone.

                                   Shark Length and Finning.

                          Hairdressers Act 1988 - Qualifications.

                          Land Acquisition Act 1969 - Native Title Variations.

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Copper Coast.

                                   Golden Grove.

                                   Meningie.

                                   Port Pirie.

                          Primary Industry Funding Schemes Act 1998 -

                                   Adelaide Hills Variation.

                                   Adelaide Hills Wine Industry.

 

Papers.

 

 

                          Subordinate Legislation Act 1978 - Expiry Postponed.

                          Victims of Crime Act 2001 - General.

                 Rules of Court -

                          District Court - District Court Rules 1991 - Definitions Suspended.

                          Magistrates Court - Magistrates Court Act 1991 - Complaint and Review Applications, Forensic Procedure.

                 Director of Public Prosecutions Act 1991 - Direction under Section 9(2).

                 Generation Lessor Corporation Charter.

                 Response to the Report of the Legislative Review Committee - Giant Crab Regulations Nos. 259 and 273 of 2001.

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

                 Flinders University - Adelaide - Australia, Report 2002.

                 Murray-Darling Basin Commission Report, 2001-2002.

                 Regulations under the following Acts -

                          Construction Industry Long Service Leave Act 1987 - Revision.

                          Controlled Substances Act 1984 - Pesticides.

                          Development Act 1993 -

                                   Development Assessment Variation.

                                   Requirements Clarified.

                                   18A Revoked.

                          Freedom of Information Act 1991 - Fees and Charges.

                          Harbors and Navigation Act 1993 - Quarantine Extension.

                          Native Vegetation Act 1991 - 2003 Regulations.

                          Occupational Therapists Act 1974 - Qualifications.

                          Passenger Transport Act 1994 - Maximum Taxi Fares.

                          Pitjantjatjara Land Rights Act 1981 - Food, Medicine, Mining Access.

                          West Beach Recreation Reserve Act 1987 - Revision.

                 Response to the Inquiry into the Passenger Transport Board - 32nd Report of the Statutory Authorities Review Committee.

 

 

 

   4.

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 the Salisbury Level Crossing.

 

Paper Tabled.

 

   5.

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 COAG Australian Health Care Agreement.

 

Paper Tabled.

 

   6.

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. I. Gilfillan to complete his 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.

 

   7.

The Minister for Agriculture, Food and Fisheries, 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.

Question put and passed.

 

Sessional Order:
Monday Sittings.

 

   8.

The Minister for Agriculture, Food and Fisheries, 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.

 

Citizen’s Right
of Reply -
Motion re.

 

 

             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;

                       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.

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

 

 

 

  9.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That the Public Finance and Audit (Honesty and Accountability in Government) 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.

 

Public Finance and
Audit (Honesty and
Accountability in
Government)
Amendment Bill.

 

 

10.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That the Health and Community Services Complaints 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.

 

Health and
Community Services
Complaints Bill.

 

 

11.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That the University of Adelaide (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.

 

University of
Adelaide
(Miscellaneous)
Amendment Bill.

 

 

12.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Dried Fruits Act 1993.

                 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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Dried Fruits
Repeal Bill.

 

13.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Cooper Basin (Ratification) Act 1975.

                 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. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Cooper Basin
(Ratification)
Amendment Bill.

 

14.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fair Trading Act 1987 and to repeal the Starr-Bowkett Societies Act 1975.

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

 

Statutes
Amendment
and Repeal
(Starr Bowkett-
Societies) Bill.

 

15.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make minor amendments of a statute law revision nature to various Acts and to repeal various Acts.

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

 

Statute Law
Revision Bill.

 

16.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919.

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

 

Administration
and Probate
(Administration
Guarantees)
Amendment Bill.

 

17.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Firearms Act 1977.

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

 

Firearms
(COAG Agreement)
Amendment Bill.

 

18.

The Minister for Agriculture, Food and Fisheries, 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. C. Zollo moved - That the Address-in-Reply, as read, be adopted.

                 The Hon. R. K. Sneath having seconded the motion:

                 Debate ensued.

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

 

 

 

19.

The following Message from the House of Assembly was received and read:

Message No. 1

                 MR. PRESIDENT - The House of Assembly has appointed a Publishing Committee consisting of Ms. Ciccarello, Messrs. Goldsworthy and Koutsantonis, Ms. Thompson and Mr. Venning, with power to act during the recess and to confer or sit as a Joint Committee with any Publishing Committee of the Legislative Council.

House of Assembly, 15 September 2003.                                            I. P. Lewis, Speaker.

 

Message from
House of Assembly:
Publishing
Committee.

 

20.

Council adjourned at twenty-five minutes past five 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. 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