SOUTH AUSTRALIA]

No. 44

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  19  NOVEMBER  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.

Answers to Questions on Notice Nos. 54, 58 and 59 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    3.

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

        By the President -

                 Reports, 2001-2002 -

                          District Council of Barunga West.

                          Employee Ombudsman.

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2001-2002 -

                          Dairy Authority of South Australia.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Sheep Advisory Group.

                          Veterinary Surgeons Board of South Australia.

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

                 Reports, 2001-2002 -

                          Adelaide Convention Centre.

                          Adelaide Entertainment Centre.

                          Bookmark Biosphere Trust.

                          Charitable and Social Welfare Fund (Community Benefit SA).

                          Department of Environment and Heritage.

                          Department for Transport, Urban Planning and the Arts.

                          Dog Fence Board - South Australia.

                          Environment Protection Authority.

                          Food Act Report - Department of Human Services.

                          Guardianship Board of South Australia.

                          Independent Gambling Authority.

                          Local Government Finance Authority.

                          Office for the Ageing - Department of Human Services - South Australia.

                          Office of the Liquor and Gambling Commissioner Gaming Machines Act 1992.

                          Office of the Public Advocate.

                          Pharmacy Board of South Australia.

                          Reserve Planning and Management Advisory Committee.

 

Papers.

 

 

                          South Australian Tourism Commission.

                          South Australian Victoria Border Groundwaters Agreement Review Committee.

                          State Heritage Authority.

                          SAIIR Rail Regulation.

                          The Department of Water, Land and Biodiversity Conservation.

                          Waste to Resources Committee (WRC).

                          Water Well Drilling Committee.

                          Wildlife Advisory Committee.

                 Coastal Strip Plan Amendment Report.

                 Regulations under the following Acts -

                          Air Transport (Route Licensing - Passenger Services) Act 2002 - Administrative Process.

                          Liquor Licensing Act 1997 - Dry Areas -

                                   City of Marion.

                                   Clare.

                                   Victor Harbor - New Year.

                          Motor Vehicles Act 1959 - Accident Towing Roster Vacancies.

                          Local Government Act 1999 - Local Government Superannuation Board - Family Law.

                 Rules of Court -

                          Supreme Court - Supreme Court Act - Anomalies.

        By the Minister for Correctional Services (The Hon. T. G. Roberts) -

                 Department for Correctional Services - Report, 2001-2001.

 

 

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning Equal Opportunity and Anti-Discrimination.

 

Paper Tabled.

 

   5.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Attorney-General concerning a Review of Legislation Discriminating Against Homosexual People and Homosexual Couples.

 

Paper Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill M.P.) concerning Water Resources in the River Murray.

 

Paper Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister Assisting the Premier in the Arts (The Hon. J. D. Hill M.P.) concerning the Music House.

 

Paper Tabled.

 

   8.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Decision by the Member for Mount Gambier to join the Cabinet.

 

Paper Tabled.

 

   9.

The Minister for Agriculture, Food and Fisheries 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 the Independent Review into Partnerships 21.

 

Paper Tabled.

 

  10.

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

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 20 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.

 

Shop Trading
Hours
(Miscellaneous)
Amendment Bill.

 

 

                 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.

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

                 Question put.

 

 

 

             Council divided:

Ayes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

 

      So it passed in the negative.

 

 

Noes, 12

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

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. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

11.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Ombudsman (Honesty and Accountability in Government) Amendment Bill.

 

In the Committee

 

                          New clause No. 2A inserted.

                          Clause 3 amended and agreed to.

                          Clauses No. 4 to No. 6 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 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.

 

Ombudsman
(Honesty and
Accountability in
Government)
Amendment Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 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 Native Vegetation Amendment Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                          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.

 

Native
Vegetation
Amendment Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Corporations - Financial Services Reform) 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. 46 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
(Corporations -
Financial Services
Reform) Bill.

16.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

17.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. R. D. Lawson moved on page 3, lines 10 to 20, to leave out subclause (1) and insert new subclauses as follow:

                           “(1)  The objects of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament—

                          (a)        to promote openness in government and the accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and

                          (b)        to facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

                            (1a) The means by which it is intended to achieve these objects are as follows:

                  (a)   ensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to Members of Parliament and members of the public; and

                  (b)   conferring on Members of Parliament and each member of the public a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are reasonably necessary for the proper administration of government; and

                  (c)   enabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.”

                 The Hon. I. Gilfillan moved on page 3, lines 17 and 18, to leave out “restrictions that are necessary for the proper administration of government” and insert “such restrictions as are consistent with the public interest and the preservation of personal privacy”.

                 The Hon. R. D. Lawson, by leave, moved his amendment in an amended form by leaving out “such restrictions as are reasonably necessary for the proper administration of government” in paragraph (b) of subclause (1a) and inserting “such restrictions as are consistent with the public interest and the preservation of personal privacy”.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

                 The Hon. I. Gilfillan, by leave, withdrew his amendment.

                 Question - That the amendment moved by the Hon. R. D. Lawson be agreed to - put and passed.

                          Clause No. 3, as amended and as otherwise amended, agreed to.

                          Clause No. 4 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.

 

 

18.

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

 

Postponement
of Business.

 

19.

Council adjourned at sixteen minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

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. 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. C. Zollo