SOUTH AUSTRALIA]

No. 46

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  21  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.

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

                 By the Hon. S. M. Kanck from 901 residents of South Australia concerning legalising voluntary euthanasia.  The Petitioners pray that this Honourable House will legislate for voluntary euthanasia which will allow a willing doctor to assist a person who is hopelessly ill and suffering intolerably to die quickly and peacefully under certain guidelines.

Petitions -
No. 25 - Legalising
Voluntary
Euthanasia.

 

 

                 By the Hon. A. L. Evans from 112 residents of South Australia concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will -

·        Reject the so called Dignity in Dying (Voluntary Euthanasia) Bill;

·        Move to ensure that all medical staff in all hospitals receive proper training in palliative care; and

        ·       Move to ensure adequate funding for palliative care for terminally ill patients.

 

No. 26 - Voluntary
 Euthanasia.

 

    3.

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

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

                 District Council By-laws -

                          Robe -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Dogs.

                                   No. 6 - Bird Scarers.

                          Yankalilla -

                                   No. 1 - Permits and Penalties.

                                   No. 2 - Moveable Signs.

                                   No. 3 - Roads.

                                   No. 4 - Local Government Land.

                                   No. 5 - Dogs.

 

Papers.

 

   4.

The Hon. C. Zollo brought up the Report of the Legislative Review Committee on Regulations under the Passenger Transport Act 1994, together with Minutes of Evidence and Correspondence.

                 Ordered - That the Report be printed.  (Paper No. 199)

 

Legislative
Review
Committee -
Report on
Regulations under
the Passenger
Transport Act 1994.

 

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

   6.

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

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Environment Protection) Bill.

 

   7.

Ordered - That Orders of the Day (Government Business) No. 7 and No. 8 be postponed and taken into consideration after Orders of the Day (Government Business) No. 9.

 

Postponement
of Business.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the South Australian Metropolitan Fire Service (Fire Prevention) 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. 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.

 

South Australian
Metropolitan Fire
Service (Fire
Prevention)
Amendment Bill.

 

   9.

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

 

In the Committee

 

                          Clause No. 4 further considered, amended and agreed to.

                 The Minister for Agriculture, Food and Fisheries moved on page 4, after line 21, to insert new clause as follows:

                          “Amendment of s. 18—Agencies may refuse to deal with certain applications

         4A. Section 18 of the principal Act is amended—

(a)   by striking out subsection (1) and substituting the following subsection:

                (1) An agency may refuse to deal with an application if—

                (a)     the application is for access to a large number of documents or necessitates a search through a large quantity of information; and

                (b)     the work involved in dealing with the application would, if carried out, unreasonably divert the agency's resources from their use by the agency in the exercise of its functions (even if the period within which the application must be dealt with were extended under section 14A).;

(b)   by striking out from subsection (2) "substantially and".”

                 Question - That new clause No. 4A, as proposed to be inserted by the Minister for Agriculture, Food and Fisheries, be so inserted - put and negatived.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

                 The Hon. R. D. Lawson moved on page 8, lines 7 to 11, to leave out subclause (1) and insert new subclause as follows:

                                                   “(1) An agency that is aggrieved by a determination made on a review under Division 1 may, by leave of the District Court, appeal against the determination to the District Court on a question of law.

                                                   (1a) A person (other than an agency)—

                          (a)  who is aggrieved by a determination of an agency following an internal review; or

                          (b)  who is aggrieved by a determination that is not subject to internal review; or

                          (c)  who is aggrieved by a determination made on a review under Division 1,

                          may appeal against the determination to the District Court.”

                 Question - That the amendment be agreed to - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. D. V. Laidlaw

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)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. M. J. Elliott

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

                 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.

 

 

 

10.

On the Order of the Day being read for the adjourned debate on the on the question - That the Upper South East Dryland Salinity and Flood Management 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.

 

Upper South East
Dryland Salinity
and Flood
Management Bill.

 

11.

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

 

Postponement
of Business.

 

12.

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

Message No. 73

                 MR. PRESIDENT – The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal (Forensic Procedures) Act 1998, to which it desires the concurrence of the Legislative Council.

House of Assembly, 20 November 2002.                                                                    I. P. LEWIS, 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. D. V. Laidlaw, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Criminal Law
(Forensic
Procedures)
(Miscellaneous)
Amendment Bill.

 

 

13.

Ordered - That the Council, at its rising, do adjourn until Tuesday, 26 November 2002, at fifteen minutes past two o’clock.

 

Next Day
of Sitting.

 

14.

Council adjourned at six minutes past five o’clock until Tuesday next 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