SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  16  NOVEMBER  2000

 

 

 

   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 Paper, Question Time and Statements on Matters of Interest 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 Notices of Motion (Private Business) and Orders of the Day (Private Business) be postponed and taken into consideration after Statements on Matters of Interest.

 

Postponement
of Business.

   4.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

    5.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Hairdressers (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                 The Hon. I. Gilfillan moved on page 3, lines 8 and 9, to leave out these lines.

                 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 motion.

 

Hairdressers
(Miscellaneous)
Amendment Bill.

   6.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

   7.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement
of Business.

   8.

On the Order of  the Day being read for the adjourned debate on the question - That the South Australian Ports (Disposal of Maritime Assets) Bill be now read a second time:

                 Debate resumed.

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

 

South Australian
Ports (Disposal
of Maritime
Assets) Bill.

   9.

At 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.

10.

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

                 By the Hon C. V. Schaefer from 316 residents of South Australia, the Hon. R. D. Lawson from 20 residents of South Australia and the Hon. A. J. Redford from 17 residents of South Australia, concerning prostitution and praying that this Honourable House will strengthen the present law and ban all prostitution-related advertising to enable Police to suppress the prostitution trade more effectively.

Petitions -
No. 26, 27

and 28 -
Prostitution.

 

                 By the Hon. I. Gilfillan from 1,699 residents of South Australia concerning the Totalizator Agency Board and the Lotteries Commission of South Australia and praying that this Honourable House will ensure that the Totalizator Agency Board and the Lotteries Commission of South Australia will remain Government owned.

 

No. 29 - Totalizator
Agency Board
and Lotteries
Commission of
 South Australia.

  11.

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

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

                 Soil Conservation Boards Report, 1999-2000.

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

                 South Australian Police Report, 1999-2000.

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

                 South Australia Optometrists Board Report, 1999-2000.

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

                 Reports, 1999-2000 -

                          Freedom of Information Act 1991.

                          Industrial Relations Advisory Committee.

                          Occupational Health, Safety and Welfare Advisory Committee.

                          State Records of South Australia - Administration of the State Records Act 1997.

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

                 Department of Human Services and South Australian Health Commission Report, 1999-2000.

 

Papers.

12.

The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Youth and Crime Prevention Forum.

 

Paper Tabled.

13.

The President called on Members to make Statements on Matters of Interest.

 

Statements
on Matters
of Interest.

 

14.

The Hon. I. Gilfillan, pursuant to notice, moved - That the Regulations under the Botanic Gardens and State Herbarium Act 1978 concerning Admission Charges, made on 31 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed.

                 Debate ensued.

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

 

Botanic Gardens
and State
Herbarium Act -
Regulations -
Admissions and
Charges -
Motion for
disallowance of.

15.

The Hon. N. Xenophon, pursuant to notice, moved - That the Regulations under the Lotteries and Gaming Act 1936 concerning Interpretation Variation, made on 17 August 2000 and laid on the Table of this Council on 4 October 2000, be disallowed.

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

 

Lotteries and
Gaming  Act -
Regulations –
Interpretation
Variation -
Motion for disallowance of.

16.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 20 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement
of Business.

17.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Occupational Health, Safety and Welfare (Penalties) Amendment Bill.

 

Occupational
Health, Safety and
Welfare (Penalties)
Amendment Bill.

 

In the Committee

 

                          Clause No. 3 further considered and agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                 The Hon. N. Xenophon moved on page 4, after line 28, to insert new clause as follows:

                        “Insertion of s. 61A

                                 6A.  The following section is inserted after section 61 of the principal Act:

                                        Payment on account of injury, loss or damage suffered by an employee

                                                   61A. (1) Subject to this section, if—

                                                   (a)     a person is convicted of an offence against this Act; and

                                                   (b)     it appears to the court by which the person is convicted that an employee has suffered injury, loss or damage as a result of the commission of the offence, or of any other offence taken into account by the court in determining sentence for the offence,

                                        the court may order that a part of any monetary penalty imposed for the offence be paid to the employee, or to a member of the employee's family.

                                                   (2) In considering whether to make an order under this section and, if an order is to be made, in considering the amount to be paid pursuant to the order, the court should have regard to the following matters:

                                                   (a)     the circumstances of the offence (including the circumstances of any offence to be taken into account in determining sentence);

                                                   (b)     the injury, loss or damage that has been suffered;

                                                   (c)      the extent (if any) to which the occurrence or extent of the injury, loss or damage is attributable to the actions of the relevant employee, or of another person other than the convicted person;

                                                   (d)     any other matter considered relevant by the court.

                                                   (3) An order may be made under this section despite the fact that the employee who has suffered injury, loss or damage, or a member of the employee’s family, may also have an entitlement to compensation under another Act or law.

                                                   (4) An order may be made under this section on the court's own initiative.”

                 Question - That new clause No. 6A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause 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 Minister for Disability Services, 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.

 

 

18.

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

Message No. 14

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Education Act 1972 and to make a related amendment to the Children’s Services Act 1985, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 November 2000.                                                          J.K.G. OSWALD, Speaker.         Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Message from
House of
Assembly:
Education
(Councils and
Charges)
Amendment Bill.

19.

At six 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.

20.

Ordered - That the adjourned debate on the question - That the South Australian Ports (Disposal of Maritime Assets) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

South Australian
Ports (Disposal
of Maritime
Assets) Bill.

21.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 20 and Orders of the Day (Government Business) No. 10 to No. 16 and No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Proprietary Business Licensing) Bill be now read a second time:

                 Debate resumed.

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

 

Racing
(Proprietary
Business
Licensing) Bill.

23.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 7 be postponed and taken into consideration after Order of the Day (Private Business) No. 8.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 24 August 2000 and laid on the Table of this Council on 4 October 2000 be disallowed:

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Controlled
Substances
Act 1984 -
Regulations -
Expiation of
Offences -
Motion for
disallowance of.

25.

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

 

Postponement
of Business.

26.

Ordered - That the Council, at its rising, do adjourn until tomorrow at ten o’clock a.m.

 

Next Day
of Sitting.

27.

Council adjourned at twenty-one minutes to ten o’clock until tomorrow at ten o’clock a.m.

 

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. 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