SOUTH AUSTRALIA]

No. 14

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  22  OCTOBER  2003

 

 

 

   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 following Papers were laid upon the Table, viz.:

        By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -

                 Reports, 2002-2003 -

                          Claims Against the Legal Practitioners Guarantee Fund.

                          Promotion and Grievance Appeals Tribunal.

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

                 Reports, 2002-2003 -

                          Arid Areas Catchment Water Management Board.

                          South Australian-Victorian Border Groundwaters Agreement Review

                          Committee.

 

Papers.

 

   3.

The Hon. J. M. Gazzola brought up the Fifth Report, 2003-2004 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations 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 further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Children’s Services Act 1985 - Revision.

Development Act 1993 - Development Assessment Variation.

Development Act 1993 - 18A Revoked.

Education Act 1972 - School Community Care.

Native Vegetation Act 1991 - 2003 Regulations.

Subordinate Legislation Act 1978 - Expiry Postponed.

 

Legislative
Review
Committee -
Fifth Report,
2003-2004.

 

   4.

The Hon. J. M. Gazzola brought up the Sixth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Sixth Report,
2003-2004.

 

 

   5.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Deputy Premier (The Hon. K. O. Foley, M.P.) concerning the Release of a Paper Produced by International Credit Ratings Agency, Standard & Poors.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. R. I. Lucas to complete asking a question of the Minister for Agriculture, Food and Fisheries 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.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice regarding the Aboriginal Lands Parliamentary Standing Committee.

                 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.

 

 

 

                 The Minister for Aboriginal Affairs and Reconciliation moved - That pursuant to section 5 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the following Members of the Legislative Council be appointed to the Aboriginal Lands Parliamentary Committee: viz. the Hon. J. M. Gazzola, the Hon. R. D. Lawson and the Hon. K. J. Reynolds to act with the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) and that a Message be sent to the House of Assembly notifying the foregoing Resolution.

                 Question put and passed.

 

Aboriginal Lands
Parliamentary
Standing
Committee.

 

   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. K. J. Reynolds, pursuant to notice, moved - That the South Australian Parliament condemns mandatory detention and the Pacific Solution as crimes against humanity.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 12 November 2003.

 

Mandatory
Detention and
Pacific Solution -
Motion re.

 

10.

The Hon. K. J. Reynolds, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Equal Opportunity Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. K. J. Reynolds then moved - That this Bill be now read a second time.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday next.

 

Equal Opportunity
(Carer’s
Responsibility)
Amendment Bill.

 

11.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

 

Business
Discharged.

 

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

13.

The Hon. I. Gilfillan, according to order, moved -

               I.      That this Council urges the Federal Government to resist the pressure to finalise the free trade agreement with the United States this year on the grounds that any free trade agreement entered into in haste to provide the President of the United States and the Prime Minister of Australia with propaganda material will be at the long term risk that South Australia and Australia will lose on several issues which could include -

(a)     the Pharmaceutical Benefits Scheme;

(b)    the South Australian Barley Single Desk and the Australian Wheat Single Desk;

(c)     the South Australian automobile industry;

(d)    the ability to support local industry through policies in Government procurement;

(e)     the ability to support local art and culture through local content rule for television and radio;

(f)     the ability to maintain our quarantine laws; and

(g)    the ability to preserve the identify of GE free products.

             II.      That this Council condemns the lack of transparency in the negotiations and calls on the Commonwealth Government to release the current state of negotiations to State and Local Governments, as well as the Australian public.

            III.      That this Council calls on the Commonwealth Government to halt its pursuit of bilateral trade agreements at the expense of multilateral agreements that can benefit a wider proportion of the international community.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 12 November 2003.

 

Free Trade
Agreement -
Motion re.

 

14.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Victims of Crime (Statutory Compensation for Victims of Certain Sexual Offences) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 12 November 2003.

 

Vicitims of Crime
(Statutory
Compensation for
Victims of Certain
Sexual Offences)
Amendment Bill.

 

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.M.A. Lensink - That this Council congratulates the Government on its appointments of Justice Ann Vanstone, Judge Trish Kelly, and Magistrates Maria Panagiotidis and Penny Eldridge to greatly enhance representation of women in the South Australian judiciary:

                 Debate resumed.

                 Question put and passed.

 

Appointments of
Women to the
South Australian
Judiciary -
Motion re.

 

17.

Ordered - That Orders of the Day (Private Business) No. 11 to No. 13 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

18.

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

 

Business
Discharged.

 

19.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

20.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. L. Evans -

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

(a)     The status of fathers in South Australia by reference to the current level of recognition of their role in family formation and child rearing and in the support given to them by the public and private sectors and the community in general.

(b)    The current difficulties facing fathers in South Australia from an economic, social, financial, legal and health perspective in the formation and maintenance of the family unit.

(c)     The nature and availability of Government and non-Government support and services for fathers in crisis in South Australia.

(d)    The ways in which the status of fathers and the level of support given to them in times of crisis can be improved.

             II.      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 presented 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.:

                 Debate resumed.

                 The Hon. C. Zollo moved to amend the motion in paragraph II after “That” by inserting “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”.

                 Question - That the words proposed to be inserted by the Hon. C. Zollo be so inserted - put and passed.

                 Question - That the motion moved by the Hon. A. L. Evans and as amended by the Hon. C. Zollo, be agreed to - put and passed.

                 The Hon. A. L. Evans then moved - That the Select Committee consist of the Hon. J.S.L. Dawkins, the Hon. J. M. Gazzola, the Hon. J.M.A. Lensink, the Hon. K. J. Reynolds, the Hon. C. Zollo and the mover.

                 Question put and passed.

                 The Hon. A. L. Evans moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place, and to report on Wednesday, 3 December 2003.

                 Question put and passed.

 

Status of Fathers -
Motion for Select
Committee on.

 

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 19 to No. 22 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - That Travel Reports of Members of this Council be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the President as required under the Members of Parliament Travel Entitlement Rules:

                 Debate resumed.

                 The Minister for Agriculture, Food and Fisheries moved to amend the motion by leaving out “be made available on the” and inserting “be submitted in electronic format to the President of the Legislative Council for posting to the”.

                 Question - That the words proposed to be struck out by the Minister for Agriculture, Food and Fisheries stand part of the motion - put and negatived.

                 Question - That the words proposed to be inserted by the Minister for Agriculture, Food and Fisheries be so inserted - put and passed.

                 Question - That the motion moved by the Hon. N. Xenophon and as amended by the Minister for Agriculture, Food and Fisheries, be agreed to - put and passed.

 

Availability of
Members’ Travel
Reports on
Internet -
Motion re.

 

23.

Ordered - That Orders of the Day (Private Business) No. 24 to No. 28 be Orders of the Day for Wednesday, 12 November 2003.

 

Postponement
of Business.

 

24.

Ordered - That Order of the Day (Private Business) No. 29 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

25.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Emergency Services Funding (Validation of Levy on Vehicles and Vessels) Bill be now read a second time.

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

 

Emergency Services
Funding (Validation
of Levy on Vehicles
and Vessels) Bill.

 

 

26.

The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Statutes Amendment (Investigation and Regulation of Gambling Licensees) Bill be now read a second time.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Statutes Amendment
(Investigation and
Regulation of
Gambling
Licensees)
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.

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

 

Survey
(Miscellaneous)
Amendment Bill.

 

29.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 14 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

30.

Ordered - That Order of the Day (Private Business) No. 29 be taken into consideration forthwith.

                 The Hon. A. J. Redford, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Members of Parliament (Register of Interests) Act 1983.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. J. Redford then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until next day of sitting.

 

Members of
Parliament
(Register of Interests)
(Overseas Travel)
Amendment Bill.

31.

Council adjourned at eighteen minutes past 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.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon