[SOUTH AUSTRALIA]

No. 49

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  22  JULY  1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) 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. 9.

                 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. 37 of 1997 - An Act to amend the Road Traffic Act 1961.

                 No. 38 of 1997 - An Act to provide for restructuring the ASER property holdings and for other purposes.

                 No. 39 of 1997 - An Act to facilitate the merger of banks; and for other purposes.

                 No. 40 of 1997 - An Act to provide for the transfer to National Australia Bank Limited of certain assets and liabilities of Bank of New Zealand and for related purposes.

                 No. 41 of 1997 - An Act to amend the Electoral Act 1985.

                 No. 42 of 1997 - An Act to amend the Stamp Duties Act 1923.

                 No. 43 of 1997 - An Act to amend the Statutes Amendment (Community Titles) Act 1996.

Government House, Adelaide, 21 July 1997.                                        E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

The Attorney-General reported as follows - The Managers have been to the Conference on the Retail Shop Leases Amendment Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker), Ms. Hurley and Messrs. Atkinson, Oswald and Venning and the Council Managers there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses that -

                 The Legislative Council do not further insist on its disagreement to the Amendment of the House of Assembly.

 

Retail Shop

Leases

Amendment

Bill.

   4.

The Attorney-General reported as follows - The Managers have been to the Conference on the Liquor Licensing Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker), and Messrs. Atkinson, Brindal, Clarke and Scalzi and the Council Managers there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed that they should recommend to their respective Houses that -

                 The House of Assembly no longer insist on its Amendments Nos. 2 and 3.

 

Liquor

Licensing

Bill.

   5.

Answers to Questions on Notice Nos. 179, 190, 194, 195, 228, 231, 237 and 241 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Papers.

   6.

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

         By the Attorney-General (The Hon. K. T. Griffin), at the request and on behalf of the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 Bookmakers Licensing Board - Report 1995-1996.

                 Department for Employment, Training and Further Education - Report, 1996.

                 South Australian Constitutional Advisory Council - Second and Final Report - December 1996.

                 Regulations under the following Acts -

                          Electricity Act 1996 - Corrigendum.

                          Taxation Administration Act 1996 - Disclosure of Information.

                 South Australian Commissioner of Police - Statistical Review for 1995-96 Financial Year - Erratum.

        By the Attorney-General -

                 Evidence Act 1929 - Report of the Attorney-General relating to Suppression Orders for the year ended 30 June 1997.

                 Royal Commission into Aboriginal Deaths in Custody - 1995 Implementation Report, South Australian Government - July 1997.

                 Regulations under the following Acts -

                          Cremation Act 1891 - Identification of Body.

                          Local Government Act 1934 - Local Government Superannuation Board.

                 Rules of Court - Supreme Court - Supreme Court Act 1935 - Percentage Rate.

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

                 Commissioner of Charitable Funds - Report and Statement of Accounts, 1995-96.

                 Royal Adelaide Hospital - Notice of Amendment to By-laws.

 

Paper

Tabled.

   8.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable her to move an Instruction to the Committee of the Whole Council on the
Non-Metropolitan Railways (Transfer) Bill.

                 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 -

Instruction.

 

 

                 The Minister for Transport then moved - That it be an Instruction to the Committee of the Whole Council on the Non-Metropolitan Railways (Transfer) Bill that it have power to consider a new clause concerning an amendment to the Wrongs Act 1936.

                 Question put and passed.

 

Non-

Metropolitan Railways

(Transfer)

Bill.

 

   9.

The Attorney-General, by leave, and at the request of the Minister for Education and Children’s Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Children’s Services Act 1985.

                 Question put and passed.

                 Bill introduced and 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 Thursday, 24 July 1997.

 

Children’s

Services

(Child Care)

Amendment

Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

11.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement

of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the
Second-hand Vehicle Dealers (Compensation Fund) 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

 

                          Clause No. 1 agreed to.

                          Clause No. 1A inserted.

                          Clause No. 2 amended and 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 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.

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment

Bill.

13.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Appropriation 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.

 

Appropriation

Bill.

15.

On the Order of the Day being read for the adjourned debate on the question - That the Long Service Leave (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Long Service

Leave (Miscellaneous) Amendment

Bill.

 

16.

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

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Local

Government

(Miscellaneous)

Amendment Bill.

17.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8, No. 10 and No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Enfield General Cemetery (Administration of West Terrace Cemetery) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Enfield General

Cemetery (Administration

of West Terrace Cemetery) Amendment Bill.

 

19.

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

Message No. 129

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Retail Shop Leases Amendment Bill, has agreed to the same.  The Bill is returned herewith.

House of Assembly, 22 July 1997.                                                                        G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

Messages from

House of

Assembly:

Retail Shop

Leases

Amendment Bill.

 

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

 

Message No. 130

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Liquor Licensing Bill, has agreed to the same.  The Bill is returned herewith.

House of Assembly, 22 July 1997.                                                                          G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Liquor

Licensing

Bill.

20.

Ordered - That the adjourned debate on the question - That the Enfield General Cemetery (Administration of West Terrace Cemetery) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Enfield General

Cemetery (Administration

of West Terrace Cemetery) Amendment Bill.

21.

At five 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.

 

22.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement

of Business.

23.

On the Order of the Day being read for the adjourned debate on the question - That the Industrial and Employee Relations (Harmonisation) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Industrial and Employee

Relations (Harmonisation) Amendment Bill.

24.

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

Message No. 131

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Equal Opportunity Act 1984, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

 

House of Assembly, 22 July 1997.                                                                       G. M. GUNN, Speaker.

 

Message from

House of

Assembly:

Equal

Opportunity

(Sexual

Harassment) Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.        Clause 3, page 2, line 11 - Leave out paragraph (b).

No. 2.        Page 2, lines 18 and 19 (clause 3) - Leave out “another member of the council or”.

No. 3.        Page 2, line 24 (clause 4) - Before “a member of Parliament” insert “a judicial officer or”.

No. 4.        Page 2, lines 27 to 36 and page 3, lines 1 to 22 (clause 4) - Leave out paragraphs (a) to (g) and insert new paragraphs as follow:-

 

 

 “(a) the Commissioner must refer the complaint to the appropriate authority;

   (b) if the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on judicial independence or parliamentary privilege, as the case may be, the appropriate authority will investigate and may deal with the matter in such manner as the appropriate authority thinks fit;

   (c)  on the appropriate authority giving the Commissioner written notice that a complaint is to be dealt with under paragraph (b) -

         (i)   no further action can be taken under any other provision of this Act on the complaint; and

        (ii)   the Commissioner must notify the complainant and the respondent that the complaint will be dealt with by the appropriate authority;

   (d) on the appropriate authority giving the Commissioner written notice that a complaint will not be dealt with under paragraph (b), the Commissioner may proceed to deal with the complaint under this Act;

   (e)  a notice must be given under paragraph (c) or (d) by the appropriate authority no later than one month after the referral of a complaint to the appropriate authority;

   (f)   the Commissioner may at the request of the appropriate authority -

       (i)   assist the authority in investigating a complaint that is to be dealt with under paragraph (b); or

      (ii)   attempt to resolve the subject matter of such a complaint by conciliation;

   (g) if the Commissioner is to act under paragraph (f), the appropriate authority must notify the complainant and the respondent accordingly;

   (h) if the Commissioner attempts to resolve the subject matter of a complaint by conciliation but is not successful in that attempt, the Commissioner may make recommendations to the appropriate authority regarding resolution of the matter;

   (i)  the appropriate authority must notify the complainant and the Commissioner of the manner in which the appropriate authority has dealt with a complaint under paragraph (b).”

No. 5.        Page 3 (clause 4) - After line 36 insert new paragraph as follows:-

(aa)   in relation to a complaint against a judicial officer -

 (i)      the Chief Justice; or

(ii)      if the Chief Justice is the respondent or considers it inappropriate that he or she should deal with the matter - the most senior puisne judge of the Supreme Court who is not the respondent, is available to deal with the matter and does not consider it inappropriate that he or she should deal with the matter;”.

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be disagreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 Ordered - That a Committee consisting of the Hon. S. M. Kanck, the Hon. C. A. Pickles and the Attorney-General be appointed to prepare Reasons for Disagreeing to the Amendment of the House of Assembly.

                 The Attorney-General brought up the Report of the Committee appointed to prepare Reasons for Disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the Legislative Council amendments are preferred.

                 Ordered - That the Report be adopted.

 

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Non-Metropolitan Railways (Transfer) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. S. M. Kanck moved on page 2, after line 5, to insert new subclauses as follow:

          “(4)  The Minister must not give consent on behalf of the State to the removal of Track Infrastructure in accordance with the terms of Clause 9.1(f) or 9.2(e) of the Railways Agreement unless -

(a)    the giving of the consent is authorised by resolution of both Houses of Parliament; or

(b)    the Minister is satisfied -

  (i)   that the Track Infrastructure has been replaced, or will be replaced, with new Track Infrastructure; or

(ii)   that the Track Infrastructure is being removed so that it can be serviced or repaired and that it will be returned as Track Infrastructure within a reasonable time; or

(iii)   that the Track Infrastructure is no longer required for the safe, efficient and effective use of the relevant railway line.

          (5)  The Minister must, as soon as practicable after giving a consent in the circumstances described in subsection (4)(b), prepare a report on the matter and have copies of the report laid before both Houses of Parliament.”

                 The Hon. T. G. Cameron moved on page 2, after line 5, to insert new subclauses as follow:

          “(4) The Minister must not give consent on behalf of the State to the removal of Track Infrastructure in accordance with the terms of Clause 9.1(f) or 9.2(e) of the Railways Agreement unless the Minister is satisfied that the Track Infrastructure is no longer required for the safe, efficient and effective use of the relevant railway line.

          (5) The Minister must, as soon as practicable after giving a consent in the circumstances described in subsection (4), prepare a report on the matter and have copies of the report laid before both Houses of Parliament.”

                 Question - That new subclauses (4) and (5), as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That new subclauses (4) and (5), as proposed to be inserted by the Hon. T. G. Cameron, be so inserted - put and passed.

                          Clause No. 5, as amended and otherwise amended, agreed to.

                          Clauses No. 6 to No. 8 agreed to.

                          Clause No. 9, being a money clause, no question was put on the clause.

                          Clause No. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          New clause No. 12 inserted.

                 The Hon. S. M. Kanck moved on page 3, after line 12, to insert new clause as follows:

Referral of power to the Commonwealth

          12.  For the purposes of section 51 xxxvii of the Australian Constitution, the matter of the Commonwealth acquiring, holding, disposing of or dealing with shares in National Rail Corporation Limited when the Company engages in intra-State rail services in the State is referred to the Parliament of the Commonwealth.”

                 Question - That new clause No. 13 proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                          Schedule amended and agreed to.

                          Title amended and agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments and an amended title; whereupon the Council adopted such report.

                 The Minister for Transport, 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.

 

Non-Metropolitan Railways

(Transfer) Bill.

26.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Railways (Operations and Access) Bill.

 

In the Committee

.

                          Clauses No. 1 to No. 8 agreed to.

                          Clause No. 9 read.

                 The Hon. S. M. Kanck moved on page 4, after line 36, to insert new subclauses as follow:

          “(2)  The regulator is subject to the control and direction of the Minister.

           (3)  However, no Ministerial direction can be given to suppress information or recommendations provided or made under this Act.

           (4)  The regulator must, on or before 30 September in every year, forward to the Minister a report on the work carried out by the regulator under this Act for the financial year ending on the preceding 30 June.

           (5)  The Minister must, within six sitting days after receiving a report under subsection (4), have copies of the report laid before both Houses of Parliament.”

                 The Hon. T. G. Cameron moved on page 9, after line 36, to insert new subclauses as follow:

          “(2) The regulator is subject to the control and direction of the Minister.

           (3)  However, no Ministerial direction can be given to suppress information or recommendations provided or made under this Act.

           (4)  The regulator must, on or before 30 September in every year, forward to the Minister a report on the work carried out by the regulator under this Act for the financial year ending on the preceding 30 June.

           (5) The Minister must, within twelve sitting days after receiving a report under subsection (4), have copies of the report laid before both Houses of Parliament.”

                 Question - That new subclauses (2), (3), (4) and (5), as proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That new subclauses (2), (3), (4) and (5), as proposed to be inserted by the Hon. T. G. Cameron, be so inserted - put and passed.

                          Clause No. 9 as amended agreed to.

                          Clauses No. 10 to No. 15 agreed to.

                          Clause No. 16, being a money clause, no question was put on the clause.

                          Clauses No. 17 to No. 24 agreed to.

                          New clause No. 24A inserted.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 to No. 67 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 Transport, 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.

 

Railways

(Operations

and Access) Bill.

27.

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

.

Postponement

of Business.

28.

Ordered - That the adjourned debate on the question - That the Industrial and Employee Relations (Harmonisation) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Industrial and Employee Relations (Harmonisation) Amendment

Bill.

 

29.

Ordered - That the adjourned debate on the question - That the Enfield General Cemetery (Administration of West Terrace Cemetery) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Enfield General

Cemetery (Administration

of West Terrace Cemetery) Amendment Bill.

 

30.

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

                 Debate resumed.

                 And the Attorney-General, having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Electricity (Vegetation Clearance) Amendment

Bill.

31.

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

 

Postponement

of Business.

32.

Council adjourned at twenty minutes past 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. M. J. Elliott

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. J.A.W. Levy

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

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