SOUTH AUSTRALIA]

No. 35

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  17  FEBRUARY  2005

 

 

 

   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 Minister for Industry and Trade (The Hon. P. Holloway), 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.

The Minister for Industry and Trade, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Bail Act 1985, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Industry and Trade 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
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

   4.

The Minister for Industry and Trade, according to order, moved - That the Statutes Amendment (Liquor, Gambling and Security Industries) 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
(Liquor, Gambling
and Security
Industries) Bill.

 

 

   5.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement
of Business.

 

   6.

 

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                          Clause No. 32 further considered and agreed to.

                          Clause No. 33 agreed to.

                          Clause No. 34 read.

                 The Hon. R. D. Lawson moved on page 18, after line 34, to insert new subclause as follows:        

              “(3a)    An employer cannot be required, as part of any negotiations under this Part, to produce any financial records relating to any business or undertaking of the employer.”.

                          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.

 

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

   7.

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.

 

   8.

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

                 By the Hon. S. M. Kanck from 170 residents of South Australia concerning abortions in South Australia.  The Petitioners pray that this Honourable House will do all in its power to ensure that abortions in South Australia continue to be safe, affordable, accessible and legal.

 

Petition:
No. 15 - Abortions
in South Australia.

 

    9.

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

        By the President -

Report of the Auditor-General, February 2005, pursuant to Sections 32 and 36 of the Public Finance and Audit Act 1987: Matters Associated with the 2001-2002 Proposal concerning the Establishment of an Ambulance Station at McLaren Vale.

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

                 Reports, 2003-2004 -

                          Flinders Medical Centre.

                          Flinders Medical Centre - Financial and Statistical.

                          Independent Living Centre.

                          Leigh Creek Health Service Inc.

                          Metropolitan Domiciliary Care.

                          Northern and Far Western Regional Health Service.

                          Penola War Memorial Hospital Inc.

                          South East Regional Health Service Inc.

                          The Women’s and Children’s Hospital.

                          The Women’s and Children’s Hospital - Statistical and Financial.

                          Wakefield Health.

 

Papers.

 

10.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning WorkCover.

 

Ministerial
Statement Tabled.

 

  11.

The President made the following Statement:

          “In this Council yesterday, The Hon. Mr. Lucas questioned the introduction of the National Electricity (South Australia) (New National Electricity Law) Amendment Bill by the Minister for Industry and Trade when an identical Bill is set down on the Notice Paper of the House of Assembly at the second reading stage.

          The two Houses are quite distinct institutions and each is master of its own destiny.  Should the Legislative Council pass this legislation and it is referred to the House of Assembly, it would be for the Assembly to determine whether it would proceed with the legislation before it or accordingly withdraw the House of Assembly Bill.  Obviously, only one of these identical Bills can be enacted by the Parliament.  However, if the Legislative Council’s Bill had passed the second reading in the Council and the House of Assembly Bill was to pass that House and be transmitted to the Legislative Council, I would be forced to rule in accordance with Standing Order No. 124, viz:

‘No Question shall be proposed which is the same in substance as any question or amendment which during the same Session has been resolved in the affirmative or negative, unless the resolution of the Council on such question or amendment shall have been first read and rescinded.  This Standing Order shall not be suspended.’

          Should the House of Assembly Bill be amended or, for that matter, the Legislative Council amend its Bill prior to transmission to the other House, it may be that the Bill is not “substantially the same” as the other House’s Bill.  An entire Bill is regarded as one question which is not settled until it is passed.  Advice on a previous matter before this Council warned that “the Presiding Officer of the second House would need to be careful in ruling whether or not it was in order to discuss the Bill brought from the first House on the ground that it was substantially the same as one already passed in the same Session by his own House ….”.  Therefore at this early stage I cannot determine whether the same question rule will apply until this Council is faced with having passed the Bill now before it and is then in receipt of the legislation from the House of Assembly.

          However, I would warn the Honourable Minister that he should be careful in proceeding to a stage where a situation could arise and the “same question” rule would apply which would result in possible loss of the legislation.  The introduction of the same Bill in each House should not be used as a mechanism to allow debate to be conducted simultaneously in both Houses.”.

 

President’s
Statement:
Identical Bills
in both Houses.

 

12.

On the Order of the Day be read for the adjourned debate on the question - That the Criminal Law Consolidation (Criminal Neglect) Amendment Bill be now read a second time -

                 Which the Hon. R. D. Lawson had moved to amend by leaving out all words after “That” and inserting “the Bill be withdrawn and referred to the Legislative Review Committee for its report and recommendations”:

                 Debate resumed.

                 And the Minister for Industry and Trade having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Criminal Law
Consolidation
(Criminal Neglect)
Amendment Bill.

 

 

13.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Industrial Law Reform (Enterprise and Economic Development - Labour Market Relations) Bill.

 

In the Committee

 

                          Clause No. 34, which the Hon. R. D. Lawson had moved to amend on page 18, after line 34, by inserting new subclause as follows:

              “(3a)    An employer cannot be required, as part of any negotiations under this Part, to produce any financial records relating to any business or undertaking of the employer.” - further considered.

                          Question - That the amendment be agreed to - put.

Industrial Law
Reform (Enterprise
and Economic
Development -
Labour Market
Relations) Bill.

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. I. Lucas

The Hon. D. W. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

 

 

 

                          The Hon. R. D. Lawson moved on page 18, lines 37 to 40, and page 19, lines 1 to 24, to leave out subsections (5), (6) and (7).

                          The Hon. N. Xenophon moved on page 18, lines 37 to 40, and page 19, lines 1 to 24, to leave out subsections (5), (6) and (7) and insert new subsection as follows:

“(5)      Nothing in a preceding subsection prevents a party to negotiations for an enterprise agreement deciding to withdraw from the negotiating entirely.”.

                          Question - That subsections (5), (6) and (7), as proposed to be struck out by the Hon. R. D. Lawson and the Hon. N. Xenophon, stand as printed - put.

 

 

 

             Committee divided:

Ayes, 4

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. R. K. Sneath

The Hon. P. Holloway (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. R. D. Lawson (Teller)

 

 

 

                          Question - That new subsection (5), as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and passed.

                          Question - That clause No. 34, as amended, stand part of the Bill - put.

 

 

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

 

 

 

                                   Clause No. 34, as amended, agreed to.

                                   Clause No. 35 agreed to.

                                   Clause No. 36 read.

                          The Hon. I. Gilfillan moved on page 21, after line 23, to insert new subclause (8a) as follows:

“(8a)    The Commission cannot act on the basis of subsection (7)(c)(ii) unless the Commission is also satisfied that any senior managers within the relevant business or undertaking (as determined by the Commission) have been required to take a substantial reduction in their terms and conditions of employment on the basis of the crisis.”.

                          Question - That the amendment be agreed to - put and negatived.

                                   Clause No. 36 otherwise amended and agreed to.

                                   Clauses No. 37 to No. 44 agreed to.

                                   Clause No. 45 read.

                          The Hon. R. D. Lawson moved on page 24, line 20, to leave out “with a view” and insert “under an arrangement, agreed in writing, that indicates that it is a genuine trial with respect”.

                          Question - That the amendment be agreed to - put and negatived.

                                   Clause No. 45 otherwise amended and agreed to.

                                   Clause No. 46 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.

 

 

 

15.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for the River Murray (The Hon. K. J. Maywald, M.P.) concerning the Management of River Flows.

 

Ministerial
Statement Tabled.

 

16.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Minister for Transport (The Hon. P. L. White, M.P.) concerning Bus Contracts for Adelaide’s Northern, North-Eastern and Inner-Southern Suburbs.

 

Ministerial
Statement Tabled.

 

17.

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

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Parliamentary Committees Act 1991; and to make related amendments to the South Australian Ports (Disposal of Maritime Assets) Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 16 February 2005.                                                              I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Message from
House of Assembly:
Parliamentary
Committees
(Public Works)
Amendment Bill.

 

 

18.

Ordered - That the Council, at its rising, do adjourn until Monday, 28 February 2005, at fifteen minutes past two o’clock.

 

Next Day
 of Sitting.

 

19.

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

 

Postponement
of Business.

 

20.

Council adjourned at fifteen minutes to six o’clock until Monday, 28 February 2005, 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. C. Zollo