[SOUTH AUSTRALIA]

No. 8

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY 23 OCTOBER 1995

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

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

        By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

                 South Australian Constitutional Advisory Council - First Report - South Australia and Proposals for an Australian Republic - September 1996.

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

                 Residential Tenancies Act - Rule - Documents Authorised to be Given to a Person.

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

                 Reports, 1995-96 -

                          South Australian Museum Board.

                          State Opera of South Australia.

                          West Beach Trust.

 

Papers.

   3.

The Hon. L. H. Davis brought up the Final Report of the Statutory Authorities Review Committee on Electricity Trust of South Australia (Performance Indicators).

                 Ordered - That the Final Report be printed.  (Paper No. 184)

 

Statutory

Authorities

Review

Committee -

Final Report

on ETSA

(Performance Indicators).

 

   4.

The Minister for Education and Children’s Services  tabled a copy of a Ministerial Statement made by the Premier (The Hon. D. C. Brown, M.P.) concerning the First Report of the South Australian Constitutional Advisory Council.

 

Paper Tabled.

 

   5.

The Attorney-General tabled a copy of the Minister for Emergency Services (The Hon. W. A. Matthew, M.P.) concerning the Successful Tenderer to Operate the State Rescue Helicopter Service.

 

Paper Tabled.

   6.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning the new Field Crop Improvement Centre.

 

Paper 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. R. D. Lawson, pursuant to notice, moved - That the Position Paper on Scrutiny of National Schemes of Legislation be noted.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 6 November 1996.

 

Position Paper on

Scrutiny of National

Schemes of Legislation

to be noted -

Motion re.

 

   9.

The Hon. L. H. Davis, pursuant to notice, moved - That the Final Report of the Statutory Authorities Review Committee on Electricity Trust of South Australia (Performance Indicators) be noted.

                 Debate ensued.

                 Question put and passed.

 

Statutory

Authorities

Review

Committee -

Final Report

on ETSA

(Performance Indicators)

to be noted -

Motion re.

 

10.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday, 6 November 1996.

 

Postponement

of Business.

11.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 6 November 1996.

 

Postponement

of Business.

12.

Ordered - That Order of the Day (Private Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement

of Business.

13.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday, 6 November 1996.

 

Postponement

of Business.

14.

The Hon. P. Holloway, according to order, moved - That the Principal Regulations under the Road Traffic Act, made on 29 August 1996 and laid on the Table of this Council on 1 October 1996, be disallowed.

                 On motion of the Minister for Education and Children’s Services, the debate was adjourned until Wednesday, 6 November 1996.

 

Road Traffic

Act - Principal Regulations -  Motion for disallowance of.

15.

The Hon. P. Holloway, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Dentists Act 1984.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. P. Holloway then moved - That this Bill be now read a second time.

                 On motion of the Minister for Education and Children’s Services, the debate was adjourned until Wednesday, 6 November 1996.

 

Dentists Bill.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the South Australian Government supplies to each of the following Select Committees on -

            I.    Contracting out of State Government Information Technology;

           II.    Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison;

         III.    the Proposed Privatisation of Modbury Hospital; and

         IV.    Outsourcing Functions under taken by E&WS Department,

        an authentic summary, according to the protocol negotiated by the Liberal Party and Australian Labor Party, of the relevant outsourcing contracts:

                 Debate resumed.

                 The Hon. J. A. W. Levy moved to amend the motion by leaving out “the Liberal Party and Australian Labor Party” and inserting “the Government and the Opposition”.

                 On motion of the Attorney-General, the debate was adjourned until Wednesday, 6 November 1996.

 

Summaries of Outsourcing Contracts - to

be supplied

to Select

Committees  -

Motion re.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Attorney-General - That the Report of the Auditor-General 1995-96, be noted:

                 Debate resumed.

                On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 6 November 1996.

 

Report of the Auditor-General

1995-96

to be noted -

Motion re.

18.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 6 November 1996.

 

Postponement

of Business.

19.

The Hon. C. A. Pickles, according to order, moved - That she have leave to introduce a Bill for an Act to amend the Education Act 1972.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Minister for Education and Children’s Services, the debate was adjourned until Wednesday, 6 November 1996.

 

Education

(Compulsory

School Age)

Amendment Bill.

20.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 6 November 1996.

 

Postponement

of Business.

21.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on a Survey of South Australian Statutory Authorities, be noted.

                 Debate resumed.

                 Question put and passed.

 

Report of the Statutory

Authorities

Review

Committee on a

Survey of  South Australian

Statutory

Authorities to

be noted -

Motion re.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. B.S.L. Pfitzner - That the Report of the Social Development Committee on an Inquiry into Prostitution be noted:

                 Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday, 6 November 1996.

 

Social

Development Committee -

Report on an

Inquiry into

Prostitution

to be noted -

Motion re.

 

  23.

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

Message No. 5

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the appointment of Commissioners to undertake responsibility for the operations of The Corporation of the City of Adelaide during a period of administration; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 22 October 1996.                                                                    G. M. GUNN, Speaker.

                 Bill read a first time.

                 The Minister for Transport 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.

 

Message from

House of

Assembly:

Local

Government

(City of

Adelaide) Bill.

24.

At two minutes to 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.

  25.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Subordinate Legislation Act 1978.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Subordinate Legislation (Commencement

of Regulations) Amendment

Bill.

  26.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Land Acquisition Act 1969.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Land

Acquisition

(Right of

Review)

Amendment

Bill.

  26.

The Minister for Transport, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Motor Vehicles (Inspection)

Amendment

Bill.

27.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

28.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

On the Order of the Day being read for the adjourned debate on the question - That the Waite Trust (Miscellaneous Variations) Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President ruled that this Bill was a Hybrid Bill and must be referred to a Select Committee, pursuant to Standing Order No. 268.

                 The Attorney-General moved - That the Select Committee consist of The Hon. M. J. Elliott, The Hon. R. D. Lawson, The Hon. R. R. Roberts, The Hon. G. Weatherill and the mover.

                 Question put and passed.

                 The Attorney-General moved - That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

                 The Attorney-General then 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, 27 November 1996.

                 Question put and passed.

 

Waite Trust

(Miscellaneous

Variations)

Bill.

 

 

 

 

President’s

Ruling.

 

Select

Committee

appointed.

 

 

 

Suspension

of

Standing

Orders.

 

30.

The Attorney-General, by leave, without notice, moved - That the Select Committee on the Waite Trust (Miscellaneous Variations) Bill, 1996 have leave to meet during the sitting of the Council this day.

                 Question put and passed.

 

Select Committee

on the Waite Trust (Miscellaneous Variations)

Bill, 1996 -

Leave to meet

during sitting

of the Council.

 

31.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Demerit Points) 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.

                          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, 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.

 

Motor Vehicles (Demerit Points) Amendment

Bill.

32.

On the Order of the Day being read for the adjourned debate on the question - That Address in Reply, as read, be adopted:

                 Debate resumed.

                 And the Minister for Education and Children’s Services having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Address-

in-Reply.

33.

On the Order of the day being read for the adjourned debate on the motion of the Minister for Education and Children’s Services - That the Resolution contained in Message No. 3 from the House of Assembly concerning Multiculturalism and Aboriginal Reconciliation be agreed to:

                 Debate resumed.

                 On motion of the Minister for Transport, the debate was adjourned until next day of sitting.

 

Multiculturalism  and Aboriginal Reconciliation - Motion re.

34.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

35.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

36.

Council adjourned at ten minutes to twelve o’clock midnight 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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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