[SOUTH AUSTRALIA]

No. 5

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY 16 OCTOBER 1996

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

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

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

                 Reports, 1995-96 -

                          Attorney-General’s Department.

                          Public Trustee.

 

Papers.

   3.

The Hon. R. D. Lawson brought up the Second Report, 1996-97 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Second

Report, 1996-97.

 

   4.

The Hon. R. D. Lawson brought up a Position Paper on the Scrutiny of National Schemes of Legislation by the Working Party of Representatives of Scrutiny of Legislation Committees throughout Australia.

 

Legislative

Review

Committee -

Position Paper

on the National Schemes of Legislation.

 

   5.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until eighteen minutes past three 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.

   6.

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

 

Statements

on Matters

of Interest.

 

   7.

The Hon. R. D. Lawson, pursuant to notice, moved - That the Report of the Legislative Review Committee, 1995-96, be noted.

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

 

Report of the Legislative

Review

Committee,

1995-96, to

be noted -

Motion re.

 

   8.

The Hon. R. R. Roberts, pursuant to notice, moved - That the Regulations under the Daylight Saving Act 1971 concerning Dates 1996, made on 11 July 1996 and laid on the Table of this Council on 23 July 1996, be disallowed.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until Wednesday next.

 

Daylight

Saving Act -

Regulations -

Dates 1996 -

Motion for disallowance of.

 

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Food Act 1985.

                 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. J. F. Stefani, the debate was adjourned until Wednesday next.

 

Food

(Labelling)

Amendment

Bill.

10.

Ordered - That Notices of Motion (Private Business) No. 4 and No. 5 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

11.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council requests that the South Australian Government supplies to each of the following Select Committees on -

          I.    Contracting out of State Government Information Technology;

         II.    Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison;

        III.    the Proposed Privatisation of Modbury Hospital; and

        IV.    Outsourcing Functions under taken by E&WS Department,

   an authentic summary, according to the protocol negotiated by the Liberal Party and Australian Labor Party, of the relevant outsourcing contracts.

                On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday next.

 

Summaries of Outsourcing Contracts to

be supplied

to Select

Committees -

Motion re.

12.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 7 and Notices of Motion (Government Business) No. 1 and No. 2 be postponed and taken into consideration after Notice of Motion (Government Business) No. 3.

 

Postponement

of Business.

13.

The Attorney-General, pursuant to notice, moved - That he have leave to allow vocational agricultural training and certain other appropriate activities on land that is subject to the terms of the Peter Waite Trust for the establishment of an agricultural high school; to free from that trust the land occupied by Unley High School; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Waite Trust (Miscellaneous Variations) Bill.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Attorney-General - That the Report of the Auditor-General 1995-96, be noted:

                 Debate resumed.

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

 

Report of the

Auditor-General,

1995-96, to be

noted -

Motion re.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Equal Opportunity (Application of Sexual Harassment Provisions) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 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 Wednesday next.

 

Equal

Opportunity (Application

of Sexual

Harassment Provisions) Amendment

Bill.

  16.

The Hon. M. J. Elliott, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Retail Shop Leases Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Retail Shop

Leases (Select Committee Recommendations) Amendment

Bill.

17.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 1995-96, be noted.

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

 

Report of the Statutory

Authorities

Review

Committee,

1995-96, to

be noted -

Motion re.

 

18.

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.

 

19.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee, 1995-96, be noted - be now resumed.

                 Debate resumed

                 Question - put and passed.

 

Report of the Statutory

Authorities

Review

Committee,

1995-96, to

be noted -

Motion re.

 

20.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on a Survey of South Australian Statutory Authorities, be noted.

                 Debate ensued.

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

 

Report of the Statutory

Authorities

Review

Committee on a

Survey of South Australian

Statutory

Authorities to

be noted -

Motion re.

 

21.

Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

22.

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

Message No. 3

                 MR. PRESIDENT - The House of Assembly informs the Legislative Council that it has passed the following resolution and requests the concurrence of the Legislative Council.

                 That this House -

(a)   affirms its support for policies relating to multiculturalism and aboriginal reconciliation being based upon the principles of non discrimination, racial harmony, tolerance and the Australian concept of a “fair go” for all;

(b)   recognises that South Australia is a multicultural society which places value on the significant contribution which continues to be made to the development of the State by all South Australians, irrespective of ethnic or racial background;

(c)   reaffirms its support for the ongoing process of reconciliation and achieving a greater understanding between Australians of aboriginal and non-aboriginal background and recognises the special needs of aboriginal communities, especially in health and education; and

(d)   calls for the conduct of public debate concerning multiculturalism and aboriginal reconciliation to be undertaken according to these principles.

House of Assembly, 16 October 1996.                                                                    G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration on motion.

 

Message from

House of

Assembly.

 

 

23.

The Minister for Transport (The Hon. D. V. Laidlaw), pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. G. Cameron, the debate was adjourned until next day of sitting.

 

Motor

Vehicles

(Demerit Points)

Amendment

Bill.

24.

On the Order of the Day being read for the adjourned debate on the question - That Address in Reply, as read, be adopted:

                 Debate resumed.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Address-

in-Reply.

25.

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.

26.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), according to order, moved - That the Racial Vilification Bill be now read a third time.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Racial

Vilification

Bill.

27.

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

 

Postponement

of Business.

28.

Council adjourned at five minutes to twelve o’clock midnight 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. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

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. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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. J. F. Stefani

The Hon. G. Weatherill