SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  22  SEPTEMBER  2004

 

 

 

   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 Hon. J. M. Gazzola brought up the Third Report, 2004-2005 of the Legislative Review Committee.

Legislative
Review
Committee -
Third Report,
2004-2005.

 

 

   3.

The Hon. J. M. Gazzola brought up the Fourth Report, 2004-2005 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice 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 further consideration has been given to the
Regulation, the Committee may decide to take no further action.

                 Regulation referred to -

Victims of Crime Act 2001 - Allowable Victim Compensation.

 

Legislative
Review
Committee -
Fourth Report,
2004-2005.

 

   4.

The Minister for Industry and Trade (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning James Hardie Asbestos Victims.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Industry and Trade tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the Shop Distributive and Allied Employees Association Elections.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. Hill, M.P.) concerning the Metropolitan Adelaide Stormwater Management Study.

 

Ministerial
Statement Tabled.

 

   7.

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

 

Statements on
Matters of Interest.

 

   8.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Regulations under the District Court Act 1991 concerning Fees, made on 27 May 2004 and laid on the Table of this Council on 1 June 2004, be disallowed.

                 Debate ensued.

                 Question put and passed.

 

District Court Act -
Regulations - Fees -
Motion for
Disallowance of.

 

   9.

Ordered - That Notices of Motion (Private Business) No. 2 to No. 8 be Orders of the Day for Wednesday, 13 October 2004.

 

Postponement
of Business.

 

10.

The Hon. N. Xenophon, pursuant to notice, moved - That the Children’s Protection (Mandatory Reporting) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day Wednesday, 13 October 2004.

 

Children’s
Protection
(Mandatory
Reporting)
Amendment Bill.

 

 

11.

The Hon. N. Xenophon, pursuant to notice, moved - That the Summary Offences (Tattooing and Piercing) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for Wednesday, 13 October 2004.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

 

 

12.

Ordered - That Notices of Motion (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday, 13 October 2004.

 

Postponement
of Business.

 

13.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 13 October 2004.

 

Postponement
of Business.

 

14.

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.

 

15.

Ordered - That Order of the Day (Government Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

16.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 7 be Orders 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 further consideration of the Medical Practice Bill.

 

In the Committee

 

                          Clause No. 3 which the Minister for Aboriginal Affairs and Reconciliation had moved to amend on page 5, after line 16, by inserting the following definition:

                                   “exempt provider means—

(a)     a recognised hospital, incorporated health centre or private hospital within the meaning of the South Australian Health Commission Act 1976; or

(b)    any other person declared by the regulations to be an exempt provider for the purposes of this Act;” - further considered.

                 Question - That the amendment be agreed to - put and passed.

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

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. S. M. Kanck moved on page 8, line 17, to leave out “12” and insert “13”.

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. A. J. Redford moved on page 8, lines 19 to 30, to leave out subparagraphs (i) to (iii) and insert new subparagraphs as follows:

“(i)    1 is to be nominated by the Minister; and

(ii)     1 is to be selected by the Minister from a panel of 3 medical practitioners jointly nominated by the Councils of The University of Adelaide and The Flinders University of South Australia or, if the Councils are unable to agree as to the persons to be nominated, from panels of 3 medical practitioners nominated by each Council; and

(iii)    2 are to be selected by the Minister from a panel of 5 medical practitioners nominated by the Australian Medical Association (South Australia) Incorporated; and”.

                 Question - That the amendment be agreed to - put.

Medical Practice
Bill.

 

 

             Committee divided:

Ayes, 10

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

                          Clause No. 6, as amended and otherwise amended, agreed to.

                          Clauses No. 7 to No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 and No. 16 agreed to.

                          Clause No. 17 amended and agreed to.

                          Clauses No. 18 to No. 20 agreed to.

                          Clause No. 21 amended and agreed to.

                          Clauses No. 22 to No. 24 agreed to.

                          Clause No. 25 amended and agreed to.

                          Clauses No. 26 to No. 30 agreed to.

                          Clause No. 31 amended and agreed to.

 

 

 

                          Clause No. 32 agreed to.

                          Clause No. 33 read.

                 The Hon. A. J. Redford moved on page 19, line 23, after “civil liabilities” to insert “(other than public liability)”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 33 otherwise amended and agreed to.

                          Clause No. 34 amended and agreed to.

                          Clause No. 35 amended and agreed to.

                          Clause No. 36 amended and agreed to.

                          Clause No. 37 amended and agreed to.

                          Clause No. 38 agreed to.

                          Clause No. 39 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 Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

19.

Council adjourned at two minutes to six 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. 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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon