SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  19  AUGUST  2002

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 15.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 2 of 2002 - An Act to amend the Liquor Licensing Act 1997.

                 No. 3 of 2002 - An Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994.

                 No. 4 of 2002 - An Act to repeal the Seeds Act 1979.

                 No. 5 of 2002 - An Act to amend the Gaming Machines Act 1992.

                 No. 6 of 2002 - An Act to facilitate the Child Protection Review by conferring powers and immunities.

                 No. 7 of 2002 - An Act to amend the Education Act 1972.

                 No. 8 of 2002 - An Act to make provision for the restructuring of the National Wine Centre, the leasing of Centre land and other dealings with assets and liabilities of the Centre; to repeal the National Wine Centre Act 1997; and for other purposes.

Government House, Adelaide, 19 August 2002.              MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 22, 23, 25, 28 to 32, 34 to 37 and 40 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

    4.

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

        By the President -

                 Members’ Travel Expenditure, 2001-02, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

                 Auditor-General - Interim Report on the Port Adelaide Waterfront Redevelopment: Misdirection of Bid Documents.

                 Corporation Reports, 2000-01 -

                          Flinders Ranges.

                          Port Adelaide Enfield.

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

                 Report on the Implementation of the State Water Plan.

                 Review on the Implementation of Catchment Water Management Plans.

 

Papers.

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Adelaide Airport Terminal Development.

 

Paper Tabled.

   6.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning Whale Rescue and Dolphins.

 

Paper Tabled.

   7.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Energy (The Hon. P. F. Conlon, M.P.) concerning Better Prospects for Gas Supplies for South Australia.

 

Paper Tabled.

   8.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Police (The Hon. P. F. Conlon, M.P.) concerning the Appointment of Deputy Commissioner, South Australia Police.

 

Paper Tabled.

   9.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Bill to Repeal the Emergency Powers Act 1941.

 

Paper Tabled.

10.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Section 400 of the Maralinga Lands.

 

Paper Tabled.

11.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Detention of the Bakhtiari Boys.

 

Paper Tabled.

12.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Police concerning the Death of Former Assistant Commissioner Robert Gordon Lean.

 

Paper Tabled.

13.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Ombudsman’s Report into The Treatment of Mental Health Patients - Shackling and Other Forms of Restraint.

 

Paper Tabled.

14.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the Costs associated with Administering Perpetual Leases.

 

Paper Tabled.

15.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning High Court Judgements in Western Australia v. Ward and Wilson v. Anderson.

 

Paper Tabled.

16.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning the
Tabling of Water Resources Council Reports in Parliament.

 

Paper Tabled.

17.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Sale of Peter Liddy’s Assets.

 

Paper Tabled.

18.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Hensley Industries.

 

Paper Tabled.

19.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning Radioactive Waste Storage.

 

Paper Tabled.

20.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health concerning the Queen Elizabeth Hospital MRI Machine.

 

Paper Tabled.

21.

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

Message No. 22

                 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 year ending on 30 June 2003 and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 13 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Appropriation Bill.

 

 

Message No. 23

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to establish the Essential Services Commission; to repeal the Independent Industry Regulator Act 1999; to amend the Local Government Act 1999 and the Maritime Services (Access) Act 2000; and for other purposes, to which it desires the concurrence of the Legislative Council.

                 Pursuant to section 28A of the Constitution Act 1934, the Bill has been declared a Bill of special importance.

House of Assembly, 14 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Essential Services Commission Bill.

 

 

Message No. 24

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Electricity Act 1996, to which it desires the concurrence of the Legislative Council.

                 Pursuant to section 28A of the Constitution Act 1934, the Bill has been declared a Bill of special importance.

House of Assembly, 14 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Electricity
(Miscellaneous)
Amendment Bill.

 

Message No. 25

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for limitation of liability of providers of recreational services; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 14 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 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.

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

 

Recreational
Services
(Limitation of
Liability) Bill.

 

 

Message No. 26

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the District Court Act 1991, the Magistrates Court Act 1991 and the Supreme Court Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 August 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 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.

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

 

Statutes
Amendment
(Structured
Settlements)
Amendment Bill.

 

 

Message No. 27

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Wrongs Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 15 August 2002.                                                                        I. P. LEWIS, Speaker.

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

 

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 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.

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

 

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Fisheries (Contravention of Corresponding Laws) Amendment 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. 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 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.

 

Fisheries
(Contravention of
Corresponding
Laws)
Amendment Bill.

23.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration after Order of the Day (Government Business) No. 3.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Fisheries (Validation of Administrative Acts) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be taken into consideration on motion.

 

Fisheries
(Validation of
Administrative
Acts) Bill.

25.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

  26.

Ordered - That the adjourned debate on the question - That the Recreational Services (Limitation of Liability) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Recreational
Services
(Limitation
of Liability) Bill.

27.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Fisheries (Validation of Administrative Acts) Bill.

 

In the Committee

 

                          Clause No. 1 to No. 3 agreed to.

                          Title agreed to.

_____________________

 

Fisheries
(Validation of
Administrative
Acts) Bill.

 

                 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.

 

 

  28.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Structured Settlements) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment
(Structured
Settlements) Bill.

  29.

Ordered - That the adjourned debate on the question - That the Wrongs (Liability and Damages for Personal Injury) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Wrongs (Liability
and Damages for
Personal Injury)
Amendment Bill.

30.

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

Message No. 28

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Prices Act 1948, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

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

 

Messages from
House of Assembly:
Prices (Prohibition
on Return of
Unsold Bread)
Amendment Bill.

 

 

Message No. 29

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to establish a licensing system for regular passenger air services on declared routes between airports in the State; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill 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. A. J. Redford, the debate was adjourned until next day of sitting.

 

Air Transport
(Route Licensing -
Passenger Services)
Bill.

 

31.

Ordered - That the adjourned debate on the question - That the Nuclear Waste Storage Facility (Prohibition) (Referendum) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 And the Hon A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Nuclear Waste
Storage Facility
(Prohibition)
(Referendum)
Amendment Bill.

32.

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

Message No. 30

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Co-operatives Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 19 August 2002.                                                           R. B. SUCH, Deputy Speaker.

                 Bill 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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Message from
House of Assembly:
Co-operatives
(Miscellaneous) 
Amendment Bill.

 

33.

Council adjourned at eleven minutes to six 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. Gazzola

The Hon. I. Gilfillan

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. 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. N. Xenophon

The Hon. C. Zollo