SOUTH AUSTRALIA]

No. 27

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  22  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.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   4.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 14 be postponed and taken into consideration after Orders of the Day (Private Business).

 

Postponement
of Business.

   5.

Ordered - That Order of the Day (Private Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement
of Business.

   6.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That this Council requests that the Legislative Review Committee inquire into and report on the operation of section 69A of the Evidence Act 1929, and, in particular, the effect of the publication of names of accused persons on them and their families who are subsequently not convicted or not found guilty of any criminal or other offence:

                 Debate resumed.

                 Question put and passed.

 

Operation of
section 69A of the
Evidence Act 1929 -
Legislative Review
Committee to
inquire into -
Motion re.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That this Council requests that the Statutory Authorities Review Committee inquire into the following:

         I.      The policies and practices of the Housing Trust of South Australia in relation to -

(a)     dealing with difficult and disruptive tenants; and

(b)     protecting the rights of Housing Trust tenants and residents to the peaceful and quiet enjoyment of their homes and neighbourhoods.

        II.     Reforms to Housing Trust policies and practices of dealing with difficult and disruptive tenants to ensure the basic needs of neighbouring tenants and residents to the peaceful and quiet enjoyment of their homes and neighbourhoods:

                 Which the Hon. R. K. Sneath had moved to amend by leaving out the words “That this Council requests that the Statutory Authorities Review Committee inquire into the following:” and inserting “That this Council requests that the Social Development Committee inquire into the following:”, by leaving out of paragraph I the words “Housing Trust of South Australia” and inserting “tribunals covered by the Residential Tenancies Act 1995”, by leaving out the words “Housing Trust” in subparagraph (b) and by leaving out of paragraph II the words “Housing Trust”:

                 Debate resumed.

                 Question - That the amendment moved by the Hon. R. K. Sneath in the preamble, be agreed to - put and negatived.

                 Question - That the motion moved by the Hon. N. Xenophon be agreed to - put and passed.

 

Policies and
Practices of the
Housing Trust of
South Australia -
Statutory Authorities
Review Committee
to inquire into -
Motion re.

 

   8.

Ordered - That Order of the Day (Private Business) No. 1 be taken into consideration forthwith.

                 The Hon. N. Xenophon, according to order, moved - That this Council calls on the Government to appoint the Presiding Officer of the Legislative Council, The Hon. Ron Roberts, as a member of the Member’s Steering Committee to direct the organisation of the forthcoming Constitutional Convention.

                 Debate ensued.

                 Question put and passed.

 

President to be
member of
Member’s Steering
Committee for
Constitutional Convention -
Motion re.

   9.

Ordered - That Orders of the Day (Private Business) No. 4 and No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 6.

 

Postponement
of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Gene Technology (Temporary Prohibition) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

Gene Technology
(Temporary
Prohibition)
Bill.

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson -

            I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The operation of the Pitjantjatjara Land Rights Act 1981;

(b)       Opportunities for, and impediments to, enhancement of the cultural life and the economic and social development of the traditional owners of the lands; and

(c)       The past activities of the Pitjantjatjara Council in relation to the lands.

          II.      That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.      Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating:

                 Debate resumed.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Operation of the
Pitjantjatjara Land
Rights Act 1981 -
Motion for Select
Committee on.

12.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

13.

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

                 By the Hon. S. M. Kanck from 60 residents of South Australia concerning Nuclear Reactors at Lucas Heights.  The Petitioners pray that this Honourable House will call on the Federal Government to halt the nuclear reactor project and urgently seek alternative sources for medical isotopes and resist at every turn the plan to make South Australia the nation’s nuclear waste dumping ground.

Petitions -
No. 12 -
Nuclear Reactors
at Lucas Heights.

 

 

                 By the Hon. A. L. Evans from 104 residents of South Australia and by the Hon. R. K. Sneath from 34 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. 13 and No. 14 -
Voluntary
Euthanasia.

 

 

                 By the Hon. A. L. Evans from 118 residents of South Australia concerning the Statute of Limitations in South Australia on Child Sexual Abuse.  The Petitioners pray that this Honourable House will -

·        Introduce a Bill to address this problem, allowing victims to have their cases dealt with appropriately, recognising the criminal nature of the offence; and

·        See that these offences committed before 1982 in South Australia are open to prosecution as they are within all other States and Territories in Australia.

 

No. 15 - Statute of
Limitations in
South Australia on
Child Sexual Abuse.

 

14.

The Minister for Aboriginal Affairs and Reconciliation tabled a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning Patients Absconding from Glenside Hospital.

 

Paper Tabled.

15.

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 Appointment of the Chief Executive of the Department of Water, Land and Biodiversity.

 

Paper Tabled.

16.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. V. Laidlaw to complete her question to him and for the Minister to complete his reply.

                 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.

17.

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

Message No. 35

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Shop Trading Hours Act 1977 and to make a related amendment to the Retail and Commercial Leases Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2002.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be postponed and taken into consideration on motion.

 

Message from
House of Assembly:
Shop Trading Hours
(Miscellaneous)
Amendment Bill.

18.

Ordered - That the adjourned debate on the motion of the Hon. R. D. Lawson -

            I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The operation of the Pitjantjatjara Land Rights Act 1981;

(d)       Opportunities for, and impediments to, enhancement of the cultural life and the economic and social development of the traditional owners of the lands; and

(e)       The past activities of the Pitjantjatjara Council in relation to the lands.

          II.      That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

         III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

         IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating - be now resumed:

                 Debate resumed.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday next.

 

Operation of the
Pitjantjatjara Land
Rights Act 1981 -
Motion for Select
Committee on.

19.

Ordered - That Order of the Day (Private Business) No. 5 and 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.

20.

On the Order of the Day being read for the adjourned debate on the on the question - That the Essential Services Commission 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.

 

Essential Services
Commission
Bill.

21.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

22.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 4 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 31 from the House of Assembly relating to the Agricultural and Veterinary Products (Control of Use) Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

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

 

Agricultural and
Veterinary Products
(Control of Use) Bill.

  24.

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. R. K. Sneath, the debate was adjourned until next day of sitting.

 

Appropriation Bill.

  25.

On the Order of the Day being read for the adjourned debate on the question - That the Electricity (Miscellaneous) Amendment 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.

 

Electricity
(Miscellaneous)
Amendment Bill.

26.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Shop Trading Hours (Miscellaneous) Amendment Bill be now read a second time.

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

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

27.

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

Message No. 36

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Legal Services Commission Act 1977, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2002.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from
House of Assembly:
Legal Services
Commission
(Miscellaneous)
Amendment Bill.

 

 

Message No. 37

Criminal Law
Consolidation
(Offences of
Dishonesty)
Amendment Bill

 

 

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935; to repeal the Secret Commissions Act 1920; and to make related amendments to other Acts, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2002.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

 

Message No. 38

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2002.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Criminal Law
Consolidation
(Territorial
Application of the
Criminal Law) 
Amendment Bill..

 

 

Message No. 39

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the award of damages for the benefit of the dependants or the estate of a deceased person where a person against whom a claim for personal injury lies unreasonably delays resolution of the claim; to amend the Wrongs Act 1936 and the Survival of Causes of Action Act 1940 for that and other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 July 2002.                                                                               I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Law Reform
(Delay in Resolution
of Personal Injury
Claims) Bill.

 

28.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

29.

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

 

Postponement
of Business.

30.

Council adjourned at twenty-five minutes past six o’clock until Monday next 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. 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. N. Xenophon

The Hon. C. Zollo