[SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  23  MARCH  1999

 

 

 

   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 having been announced by the Black Rod, the following Message was received and read:

Message No. 5

        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 Sessions, viz.:

                 No. 2 of 1999 - An Act to amend the Criminal Law Consolidation Act 1935.

                 No. 3 of 1999 - An Act to amend the Lottery and Gaming Act 1936.

                 No. 4 of 1999 - An Act to repeal the Manufacturing Industries Protection Act 1937.

                 No. 5 of 1999 - An Act to amend the Road Traffic Act 1961.

                 No. 6 of 1999 - An Act to amend the Supreme Court Act 1935.

                 No. 7 of 1999 - An Act to amend the Livestock Act 1997.

                 No. 8 of 1999 - An Act to amend the Parliamentary Superannuation Act 1974 and to make a consequential amendment to the Superannuation Funds Management Corporation of South Australia Act 1995.

                 No. 9 of 1999 - An Act to amend the Racing Act 1976.

                 No. 10 of 1999 - An Act to repeal the Shearers Accommodation Act 1975.

                 No. 11 of 1999 - An Act to amend the Stamp Duties Act 1923.

               No. 12 of 1999 - An Act to amend the Country Fires Act 1989, the Local Government Act 1934 and the South Australian Metropolitan Fire Service Act 1936.

               No. 13 of 1999 - An Act to amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988.

Government House, Adelaide, 23 March 1999.                                                     E. J. NEAL, Governor.

 

Message from

Governor:

Assent to Bills.

   3.

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

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

                 Regulations under the following Acts -

                          Financial Institutions Duty Act 1983 - Non-dutiable Receipts.

                          South Australian Motor Sport Act 1984 - Principal.

         By the Attorney-General (The Hon. K. T. Griffin) -

                 Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 - Victim Impact Statements.

                          Supreme Court - Supreme Court Act 1935 - Criminal Renumbering.

         By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Alcoholic Ice Cream.

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

                 Reports, 1997-1998 -

                          Board of the Botanic Gardens of Adelaide and State Herbarium.

                          Border Groundwaters Agreement Review Committee.

                          State Heritage Authority.

                 Regulations under the following Acts -

                          Goods Securities Act 1986 - Fees.

                          Local Government Act 1934 - Superannuation Board - Spouse Contributions.

                          Passenger Transport Act 1994 -

                                   Maximum Fares Chargeable by Taxis.

                                   Penalties - General.

 

Papers.

   4.

The Hon. J.S.L. Dawkins brought up the Report of the Environment, Resources and Development Committee on Fish Stocks of Inland Waters.

 

Environment, Resources and Development Committee - Report on Fish Stocks

of Inland Waters.

 

   5.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for the Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning the Murray Mallee Partnership Memorandum of Understanding.

 

Paper Tabled.

   6.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning the Proclamation of New Shop Trading Hours.

 

Paper Tabled.

   7.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable her to give a reply to a question asked by the Hon. T. Crothers.

                 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.

   8.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

   9.

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

 

Postponement

of Business.

 

10.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

11.

On the Order of the Day being read for the adjourned debate on the question - That the Trans-Tasman Mutual Recognition (South Australia) Bill be now read a second time:

                 Debate resumed.

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

 

Trans-Tasman Mutual Recognition (South Australia) Bill.

 

12.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

13.

On the Order of the Day being read for the adjourned debate on the question - That the Tobacco Products Regulation (Smoking in Unlicensed Premises) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Tobacco Products Regulation

(Smoking in Unlicensed Premises) Amendment Bill.

 

 

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

                 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 read.

                 The Hon. S. M. Kanck moved on page 1, line 14, after “Nurses” to insert “and midwives”.

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 5.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. N. Xenophon

The Hon. I. Gilfillan

The Hon. S. M. Kanck (Teller)

 

Noes, 15.

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

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. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. D. V. Laidlaw (Teller)

 

14.

        So it passed in the negative.

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. P. Holloway moved on page 1, after line 24, to insert:

                          ‘“general nurses register”- see section 22 (1)(a)(i);’

                 The Hon. S. M. Kanck moved on page 1, after line 24, to insert:

                          ‘“general nurses register”- see section 22 (2a)(a);’

                 Question - That the words proposed to be inserted by the Hon. P. Holloway, be so inserted - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and passed.

                 The Hon. P. Holloway moved on page 2, after line 7, to insert:

‘“midwifery” means care, assistance or support provided to a mother or child in relation to pregnancy or the birth of a child’.

                 The Hon. S. M. Kanck moved on page 2, after line 7, to insert:

                          ‘“midwifery” means any of the following (when provided in a medical or health-care context, other than by a legally qualified medical practitioner):

                                    (a)    care, supervision or advice provided to a woman, in consultation with the woman, during pregnancy (in connection with the pregnancy);

                                    (b)    care and support provided to a woman during child birth;

                                    (c)    care (and any associated advice or support for the mother) provided to a mother and her child in the period following birth;’

                 The Hon. T. G. Cameron moved on page 2, after line 7, to insert:

                          ‘“midwifery” includes any of the following (when provided within the context of this Act):

                                    (a)    care, supervision or advice provided to a woman, in consultation with the woman, during pregnancy (in connection with the pregnancy);

                                    (b)    care and support provided to a woman during childbirth;

                                    (c)    care (and any associated advice or support for the mother) provided to a mother and her child in the period following birth;’

                 Question - That the amendment moved by Hon. P. Holloway, be agreed to - put and passed.

Nurses Bill.

 

                 The Hon. P. Holloway moved on page 2, after line 22, to insert:

                          ‘“special practice area” - see subsection (6);’

                 The Minister for Transport and Urban Planning moved on page 2, after line 22, to insert:

                          ‘“special practice area” - see subsection (3);’

                 Question - That the amendment moved by the Hon. P. Holloway be agreed to - put and negatived.

                 Question - That the amendment moved by the Minister for Transport and Urban Planning be agreed to - put and passed.

                          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 motion.

 

 

15.

At five minutes past 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.

 

  16.

Ordered - That the adjourned debate on the question - That the Wingfield Waste Depot Closure  Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Wingfield

Waste Depot

Closure Bill.

 

17.

Ordered - That the adjourned debate on the question - That the Tobacco Products Regulation (Smoking in Unlicensed Premises) 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

 

                          Clauses No. 1 to No. 4 agreed to.

                          Schedule 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Transport and Urban Planning, 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.

 

Tobacco Products Regulation

(Smoking in Unlicensed Premises) Amendment Bill.

 

18.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

19.

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

 

Supply Bill.

20.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

  21.

On the Order of the Day being read for the adjourned debate on the motion of the
Attorney-General - That during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

         I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

                        (a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded, and

                        (b)    requesting that his or her response be incorporated in to Hansard.

        II.      The President shall consider the submission as soon as practicable.

       III.      The President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

       IV.      In considering the submission, the President -

                        (a)     may confer with the person who made the submission,

                        (b)    may confer with any Member,

                        but

                        (c)     may not take any evidence,

                        (d)    may not judge the truth of any statement made in the Council or the submission.

        V.      If the President is of the opinion that -

                        (a)     the submission is trivial, frivolous, vexatious or offensive in character, or

                        (b)    the submission is not made in good faith, or

                        (c)     there is some other good reason not to grant the request to incorporate a response into Hansard,

                        the President shall refuse the request and inform the person who made it of that decision.  The President shall not be obliged to inform any person or the Council of the reasons for that decision.

       VI.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the opinion of the President the response in terms agreed between the President and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

     VII.      A response -

                        (a)     must be succinct and strictly relevant to the question in issue,

                        (b)    must not contain anything offensive in character,

                        (c)     must not contain any matter the publication of which would have the effect of -

      (i)      unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)      unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)      unreasonably aggravating any situation or circumstance,

                                 and

                        (d)    must not contain any matter the publication of which might prejudice -

      (i)      the investigation of any alleged criminal offence,

     (ii)      the fair trial of any current or pending criminal proceedings, or

    (iii)      any civil proceedings in any court or tribunal.

    VIII.      In this resolution “person” includes a corporation of any type and an unincorporated association.

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Sessional Order -

Citizens’ Right

of Reply.

22.

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

Message No. 42

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Soil Conservation and Land Care Act 1989, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from House of

Assembly:

Soil Conservation and Land Care (Appeal Tribunal) Amendment Bill.

 

 

Message No. 43

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Barley Marketing Act 1993, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Barley Marketing (Miscellaneous) Amendment Bill.

 

 

Message No. 44

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Judges Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988, without any amendment.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Statutes

Amendment (Commutation for Superannuation Surcharge) Bill.

 

 

Message No. 45

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to provide for Local Government; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Local

Government

Bill.

 

 

Message No. 46

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to regulate the conduct of local government elections; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Local

Government (Elections) Bill.

 

 

Message No. 47

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to make certain repeals and amendments to legislation in connection with changes to the system of local government in the State; to enact transitional provisions; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Statutes Repeal

and Amendment (Local

Government) Bill.

23.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for the Environment and Heritage concerning Cleaning Up the Port Adelaide Waterways.

 

Paper Tabled.

24.

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

 

Postponement

of Business.

25.

Council adjourned at 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. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

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. 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