SOUTH AUSTRALIA]

No. 3

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  17  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.

The Hon. J. M. Gazzola brought up the First Report, 2003-2004 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

District Court Act 1991 - Criminal and Civil Division Fees.

Magistrates Court Act 1991 - Criminal and Civil Division Fees.

Supreme Court Act 1935 - Fees.

Dental Practice Act 2001 - Supervision Requirements.

Training and Skills Development Act 2003 - Recognition Services.

 

Legislative
Review
Committee -
First  Report,
2003-2004.

 

   3.

The Hon. J. M. Gazzola brought up the Second Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Second Report,
2003-2004.

 

 

   4.

The Hon. R. K. Sneath tabled the Annual Report of the Statutory Authorities Review Committee, 2002-2003.

                 Ordered - That the Report be Printed.  (Paper No. 182)

                

Statutory Authorities Review
Committee -
Annual Report,
2002-2003.

 

 

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning Education Planning in the Port Lincoln Region.

 

Ministerial
Statement
Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the River Torrens Clean Up.

 

Ministerial
Statement
Tabled.

 

   7.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Recreational Services (Limitation of Liability) Act 2002.

 

Ministerial
Statement
Tabled.

 

   8.

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

 

Statements on
Matters of Interest.

 

   9.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Adelaide Cemeteries Authority be noted.

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

 

Statutory Authorities Review Committee -
Report  on the
Management
of the West Terrace
Cemetery by the
Adelaide Cemeteries
Authority
to be noted -
Motion re.

 

 

10.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997 and the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

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

 

Statutes Amendment
(Gaming Machine
Regulation - Alcohol
and Betting Rate)
Bill.

 

11.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Children’s Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

Children’s
Protection
(Mandatory
Reporting)
Amendment Bill.

 

 

 

                 The Hon. N. Xenophon, 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 Debate ensued.

                 And the Hon. R. D. Lawson having sought to leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Suspension of
Standing Orders.

 

12.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to ensure that the owners of proprietary rights in genetically modified plant material are responsible for any damage or loss caused by the spread of that material; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

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

 

Gene Technology
(Responsibility
for the Spread of
Genetically Modified
Plant Material) Bill.

 

 

13.

The Hon. A. J. Redford, pursuant to notice, moved -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the operation of the Mount Gambier Health Service since July 2002 and, in particular, the following issues -

(a)     the negotiation of the contracts with resident specialist doctors;

(b)    the actions of the Chief Executive officer of the Hospital in dealing with medical specialists;

(c)     the impact of Mount Gambier Hospital on financial cuts to other hospitals within the region in the years 2002-2003 and 2003-2004;

(d)    the involvement and actions of the Department of Human Services in the management of these issues;

(e)     the selection process and appointment of Mr. McNeil as Chief Executive Officer of the Hospital;

(f)     the impact on health services in the Mount Gambier region of these issues; and

(g)    any other matter.

 

Operation of the
Mount Gambier
Health Service -
Motion for Select
Committee on.

 

 

 

             II.      That the Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

 

 

14.

At two 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.

 

15.

Ordered - That the adjourned debate on the motion of the Hon. A. J. Redford -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the operation of the Mount Gambier Health Service since July 2002 and, in particular, the following issues -

(a)     the negotiation of the contracts with resident specialist doctors;

(b)    the actions of the Chief Executive officer of the Hospital in dealing with medical specialists;

(c)     the impact of Mount Gambier Hospital on financial cuts to other hospitals within the region in the years 2002-2003 and 2003-2004;

(d)    the involvement and actions of the Department of Human Services in the management of these issues;

(e)     the selection process and appointment of Mr. McNeil as Chief Executive Officer of the Hospital;

(f)     the impact on health services in the Mount Gambier region of these issues; and

(g)    any other matter.

             II.      That the Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating - be now resumed.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Operation of the
Mount Gambier
Health Service -
Motion for Select
Committee on.

 

 

16.

The Hon. A. J. Redford, pursuant to notice, moved - That the General Regulations under the Victims of Crime Act 2001, made on 24 July 2003 and laid on the Table of this Council on 16 September, be disallowed.

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

 

Victims of Crime
Act - General
Regulations -
Motion for
disallowance of.

 

17.

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

 

Postponement
of Business.

 

18.

The Minister for Aboriginal Affairs and Reconciliation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Survey Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Survey
(Miscellaneous)
Amendment Bill.

 

19.

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

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Address in Reply.

 

20.

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.

 

21.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the University of Adelaide (Miscellaneous) Amendment Bill be now read a second time.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

                 Debate ensued.

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

 

University of
Adelaide
(Miscellaneous)
Amendment Bill.

 

22.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

23.

On the Order of the Day being read for the adjourned debate on the question - That the Cooper Basin (Ratification) Amendment Bill be now read a second time.

                 Debate resumed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until next day of sitting.

 

Cooper Basin
(Ratification)
Amendment Bill.

 

24.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Starr-Bowkett Societies) Bill be now read a second time:

                 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 Minister for Agriculture, Food and Fisheries, 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.

 

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

 

25.

Ordered - That Orders of the Day (Government Business) No. 9 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

26.

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

Message No. 2

                 MR. PRESIDENT - The House of Assembly has appointed a Standing Orders Committee consisting of the Hon. the Speaker, the Hon. D. C. Brown, Mrs. Geraghty, the Hon. G. M. Gunn and Mr. Hanna, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the Legislative Council.

House of Assembly, 17 September 2003.                                           I. P. Lewis, Speaker.

 

 

 

Message from
House of Assembly:
Standing Orders
Committee.

 

27.

Council adjourned at thirty minutes past nine 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