[SOUTH AUSTRALIA]

No. 32

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  22  JULY  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.

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

Message No. 7.

                 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. 33 of 1998 - An Act to amend the Irrigation Act 1994.

                 No. 34 of 1998 - An Act to reform the law relating to bills of lading, sea waybills and ships’ delivery orders and to amend the Mercantile Law Act 1936.

                 No. 35 of 1998 - An Act to amend the Technical and Further Education Act 1975.

Government House, Adelaide, 22 July 1998.             Basil S. Hetzel, Governor’s Deputy.

 

Message from

Governor’s

Deputy:

Assent to Bills.

   3.

Answers to Questions on Notice Nos. 104, 130, 135, 139, 142, 149, 150, 154, 156, 167, 169, 172 to 174, 176 to 178, 182, 183, 185 and 200 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 Paper was laid upon the Table, viz.:

        By the Treasurer (The Hon. R. I. Lucas) -

                 South Australian Athletics Stadium - Charter for the period 9 October 1997 to 30 June 1998.

 

Paper.

   5.

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

                 The Regulations and Rules listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices 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 Regulations and Rules, the Committee may decide to take no further action.

                 Regulations and Rules referred to:

                          Motor Vehicles Act 1959 - Regulations - Administration Fee.

                          Magistrates Court Act 1991 - Rules of Court - Expiation of Offences Forms.

                          Public Corporations Act 1993 - Regulations - Australian Masters Games.

 

Legislative

Review

Committee -

Fourteenth

Report 1997-98.

 

   6.

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

 

Legislative

Review

Committee -

Fifteenth

Report, 1997-98.

 

   7.

The Hon. C. A. Pickles, by leave, tabled a copy of a Statement made by Leo Schofield in the Sydney Morning Herald on 18 July 1998, concerning the Board of the Australian Dance Theatre and Meryl Tankard.

 

Paper Tabled.

   8.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

   9.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 The Hon. N. Xenophon, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass the remaining stages without delay.

                 Question put and passed.

                 Debate ensued.

                 On motion of the Treasurer, the debate was adjourned until Wednesday, 5 August 1998.

 

Constitution (Promotion of Government Bills) Amendment

Bill.

10.

On the Order of the Day being read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday,
26 August 1998.

 

Select

Committee

on Outsourcing

of State

Government Services.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Workers Rehabilitation and Compensation (Mental Incapacity) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday,
5 August 1998.

 

Workers Rehabilitation and Compensation (Mental

Incapacity)

Amendment Bill.

12.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 10 be Orders of the Day for Wednesday, 5 August 1998.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Prostitution Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 5 August 1998.

 

Prostitution

Bill.

14.

Ordered - separately - That Orders of the Day (Private Business) No. 12 and No. 13 be Orders of the Day for Wednesday, 5 August 1998.

 

Postponement

of Business.

 

15.

Ordered - That Order of the Day (Private Business) No. 14 be discharged.

 

Business

Discharged.

 

16.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 19 be Orders of the Day for Wednesday, 5 August 1998.

 

Postponement

of Business.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Retail and Commercial Leases (Term of Lease and Renewal) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put.

           Council divided:

Retail and

Commercial

Leases

(Term of Lease

and Renewal)

Amendment Bill.

 

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. I. Gilfillan (Teller)

  Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

        So it was resolved in the affirmative

                 Bill read a second time.

                 Ordered - That the Committee stage be an Order of the Day for Wednesday, 5 August 1998.

 

 

18.

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.

                 To which the Hon. J. F. Stefani moved to amend Paragraph I by leaving out all words after “that” and inserting the following:

                “this Council congratulates the Federal Liberal Government for organising the Constitutional Convention;

          II.   That following a Referendum to be held in 1999 and, if passed by the required majority, this Council is of the opinion that Australia should become a republic with an Australian citizen as Head of State; and”

         Paragraph II - To be renumbered Paragraph “III.”:

                 Debate resumed.

                 The Hon. S. M. Kanck moved to amend the motion by inserting new paragraph IA as follows:

       “IA. That following a national Referendum to be held in 1999, and, if passed by the required majority, this Council is of the opinion that South Australia should also adopt republican structures and that the South Australian Government should initiate a process to decide what changes would need to be made in South Australia.”

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday,
5 August 1998.

 

Australia

becoming a

Republic -

Motion re.

19.

Ordered - That Order of the Day (Private Business) No. 22 be postponed and taken into consideration on Wednesday, 5 August 1998.

 

Postponement

of Business.

20.

Ordered - That Order of the Day (Private Business) No. 23 be postponed and taken into consideration on motion.

 

Postponement

of Business.

21.

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

          Debate resumed.

          Question - that the motion be agreed to - put.

   Council divided:

Croydon Primary

School Closure -

Motion re.

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

  Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

So it was resolved in the affirmative.

 

 

22.

At 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.

 

23.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
L. H. Davis - That the Report of the Auditor-General on the Port Adelaide Flower Farm be noted:

                 Debate resumed.

                 Question - That the motion be agreed to - put.

   Council divided:

Report of the Auditor-General

on the Port

Adelaide

Flower Farm

be noted -

Motion re.

 

 

Ayes, 12.

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

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. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. L. H. Davis (Teller)

Noes, 2.

The Hon. T. G. Roberts

The Hon. T. G. Cameron (Teller)

 

 

So it was resolved in the affirmative

 

 

24.

Ordered - separately - That Orders of the Day (Private Business) No. 26 to No. 29 be Orders of the Day for Wednesday, 5 August 1998.

 

Postponement

of Business.

 

25.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

26.

On the Order of the Day being read for the adjourned debate on the question - That the Electoral (Abolition of Compulsory Voting) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Electoral

(Abolition of Compulsory

Voting)

Amendment Bill.

 

27.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

28.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

  29.

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

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until next day of sitting.

 

Gaming

Machines

(Gaming Tax)

Amendment

Bill.

30.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

  31.

Ordered - That the adjourned debate on the question - That the Appropriation Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Appropriation

Bill.

32.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for Wednesday,
5 August 1998.

 

Postponement

of Business.

 

33.

Council adjourned at two minutes to nine 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. 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