[SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  18  MARCH  1998

 

 

 

   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 following Paper was laid upon the Table, viz.:

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

                 Border Groundwaters Agreement Review Committee - Report, 1996-97.

 

Paper.

   3.

The Hon. A. J. Redford brought up the Sixth Report, 1997-98 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice 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 consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Electricity Act 1996 - Vegetation Clearance.

 

Legislative

Review

Committee -

Sixth Report

1997-98.

 

   4.

The Hon. A. J. Redford brought up the Seventh Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Seventh Report

1997-98.

 

   5.

The Treasurer (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 twenty 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. J.S.L. Dawkins, pursuant to notice, moved - That the Report, 1996-97 of the Environment, Resources and Development Committee be noted.

                 Debate ensued.

                 Question put and passed.

 

Environment, Resources and Development Committee -

Report, 1996-97

to be noted -

Motion re.

 

   8.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Establishment of Artificial Reefs be noted.

                 Debate ensued.

                 Question put and passed.

 

Environment, Resources and Development Committee -

Report on Establishment of Artificial Reefs to be noted -

Motion re.

 

   9.

The Hon. C. A. Pickles, pursuant to notice, moved - That this Council, on behalf of the public of South Australia, congratulates -

         I.      Artistic Director, Robyn Archer, and her team on an outstandingly successful 1998 Adelaide Festival which was not only an artistic success, but a financial and popular one; and

        II.      The organisers of Writers’ Week, Artists’ Week and the Fringe Festival on their success and their excellent contribution to the artistic and cultural life of this State.

         The Minister for Transport and Urban Planning moved to amend the motion by leaving out all words after “South Australia” and inserting the following:

       “I.      Congratulates the Artistic Director of the 1998 Telstra Adelaide Festival, Robyn Archer, the Chairman and Board, the General Manager and all the Festival management team, as well as the Writers’ Week and Artists’ Week Committees, on the outstanding artistic, financial and popular success of the Festival;

        II.      Congratulates the 1998 Adelaide Fringe Festival on its popular success and contribution to the cultural life of this State; and

       III.      Acknowledges the increase in State Government funds to both the Telstra Adelaide Festival and the Adelaide Fringe Festival in 1998 which enabled more South Australian artists, companies and writers to participate and helped attract increased levels of private sector sponsorship.”

         On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

1998 Adelaide

Festival Success - Motion re.

10.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991.

                 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. T. Crothers, the debate was adjourned until Wednesday next.

 

Parliamentary Committees

(Contracts Review) Amendment Bill.

11.

The Hon. M. J. Elliott, pursuant to notice, moved -

         I.      That on Wednesday, 1 April 1998, at 2.15 p.m. the Council meets for the purpose only of resolving itself into a Committee of the Whole to consider the Auditor-General’s Report, 1996-97;

        II.      That pursuant to Standing Order No. 429, the President summons the Auditor-General to attend in the Legislative Council at the aforementioned time; and

       III.      That Standing Orders be so far suspended to enable the Auditor-General to be accommodated on the floor of the Chamber to answer questions.

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

 

Auditor-General’s

Attendance

in Council -

Motion re.

12.

On the Order of the Day being read for the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1996-97 be noted:

                 Debate resumed.

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

 

Report of the

Auditor-General,

1996-97,

to be noted -

Motion re.

13.

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.

 

14.

Ordered - That the adjourned debate on the motion of the Treasurer - That the Report of the Auditor-General, 1996-97 be noted - be now resumed.

                 Debate resumed.

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

 

Report of the

Auditor-General,

1996-97,

to be noted -

Motion re.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the National Parks and Wildlife (Game Birds) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

National

Parks and Wildlife

(Game Birds)

Amendment Bill.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That Dentists (Dental Prosthetists) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Dentists (Dental Prosthetists)

Amendment Bill.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That this Council condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to waterfront reforms in Australia, in particular -

         I.      their support for current and past serving members of the Australian Defence Forces to participate in an ill-fated overseas strike breaking training exercise; and

        II.      their support for the conspiracy entered into between Patrick Stevedores and a National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria,

       and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations, as witnessed by the achievements at the Port of Adelaide, than by the use of the jackboot.

                   Debate resumed.

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

 

Waterfront

Conflict -

Motion re.

19.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott -

         I.      That Australia should become a Republic with an Australian citizen as Head of State; and

II.      That the concurrence of the House of Assembly to this motion be requested:

          Debate resumed.

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

 

Australia

becoming a

Republic -

Motion re.

21.

Ordered - separately - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles -

         I.      That a Select Committee of the Legislative Council be established on the Voluntary Euthanasia Bill 1997;

        II.      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 thinks 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 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

        V.      That the Minutes of Proceedings and Evidence to the Legislative Council Select Committee on the Voluntary Euthanasia Bill 1997 be referred to the Select Committee.

          Debate resumed.

          The Hon. C. V. Schaefer moved to amend the motion as follows:

        Leave out Paragraphs I to IV and insert -

       “I.      That the Voluntary Euthanasia Bill 1997 be referred to the Social Development Committee for inquiry and report.”

        Leave out Paragraph V and insert -

      “II.      That the Minutes of Evidence to the Legislative Council Select Committee on the Voluntary Euthanasia Bill 1997 be referred to the Social Development Committee.”

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

 

Voluntary

Euthanasia

Bill 1997 -

Motion for

Select

Committee on.

23.

The Hon. C. A. Pickles, having obtained leave to amend the motion of which notice had been given, moved - That this Council -

         I.      Calls on the Minister for Education, Children’s Services and Training to acknowledge criticisms by the Ombudsman that the final report to the Minister of the Upper West School Cluster Review did not reflect dissenting views, that documents presented to the Minister contained inaccuracies, that the Co-Chairs of the Croydon Primary School signed the final report on misleading advice and that grave doubt exists as to the extent of consideration given to the Croydon minority report;

        II.      Acknowledges the significant campaign by the Croydon Primary School Council and parents and friends to save the school and advance the educational opportunities of their children; and

III.     Condemns the Minister for Education, Children’s Services and Training for closing the Croydon Primary School.

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

 

Croydon

Primary

School

Closure - Motion re.

24.

Ordered - separately - That Orders of the Day (Private Business) No. 15 and No. 16 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

25.

Ordered - That the Motion moved, pursuant to Notice this day, by the Hon. C. A. Pickles and adjourned by the Hon. C. V. Schaefer, be an Order of the Day for Wednesday next.

 

Postponement

of Business.

26.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Road Traffic (School Zones) Amendment Bill.

27.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

28.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Evidence (Use of Audio and Audio Visual Links) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 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 Attorney-General, 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.

 

Evidence

(Use of

Audio and Audio

Visual Links) Amendment Bill.

29.

Ordered - That Order of the Day (Government Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

30.

The following Messages from the House of Assembly were received and read:

Message No. 35

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Industrial and Employee Relations Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 March 1998.                                                              J.K.G. OSWALD, Speaker.

                 Bill read a first time.

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

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

 

Messages from

House of

Assembly:

Industrial and

Employee

Relations

(Disclosure of

Information)

Amendment

Bill.

 

 

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Dangerous Substances Act 1979, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 March 1998.                                                              J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Dangerous

Substances

(Transport

of Dangerous

Goods)

Amendment

Bill.

 

 

Message No. 37

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Technical and Further Education Act 1975, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 March 1998.                                                              J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Technical

and Further

Education

(Industrial

Jurisdiction)

Amendment

Bill.

 

 

Message No. 38

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Barley Marketing Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 March 1998.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

Barley

Marketing

(Application

of Parts 4

and 5)

Amendment

Bill.

 

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1999, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 March 1998.                                                              J.K.G. OSWALD, Speaker.

                 Bill 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.

 

Supply

Bill.

31.

On the Order of the Day being read for the adjourned debate on the question - That the
MFP Development (Winding-Up) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

MFP Development (Winding-Up)

Amendment

Bill.

 

32.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

33.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Transport and Urban Planning - That the Environment, Resources and Development Committee be required to investigate and report on the draft South Australian Rural Road Safety Strategy prepared by the South Australian Road Safety Consultative Council:

                 Debate resumed.

                 Question put and passed.

 

Draft South

Australian Rural

Road Safety

Strategy - Environment, Resources and Development Committee to investigate -

Motion re.

 

34.

On the Order of the Day being read for the adjourned debate on the question - That the Aboriginal Lands Trust (Native Title) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Aboriginal

Lands Trust

(Native Title) Amendment

Bill.

 

35.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Native Title) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Statutes

Amendment

(Native Title)

Bill.

37.

Ordered - That the remaining Orders of the Day  be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

38.

Council adjourned at twenty five minutes to eleven 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. 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. 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

The Hon. N. Xenophon

The Hon. C. Zollo