SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  23  OCTOBER  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 following Papers were laid upon the Table, viz.:

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

                 Reports, 2001-2002 -

                          Courts Administration Authority.

                          Director of Public Prosecutions - South Australia.

                          Legal Services Commission of South Australia.

                          South Australian Classification Council.

                          State Electoral Office - South Australia.

                          State Supply Board.

 

Papers.

   3.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Inter-Government Agreement on Counter-Terrorism.

 

Paper Tabled.

   4.

The Hon. C. Zollo brought up the Twelfth Report, 2002-2003 of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Twelfth Report,
2002-2003.

 

  5.

The President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   6.

The Hon. T. G. Cameron, according to order, moved - That he have leave to introduce a Bill for an Act to amend the State Lotteries Act 1966.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. T. G. Cameron  then moved - That this Bill be now read a second time.

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

 

State Lotteries
(Minors)
Amendment Bill.

   7.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 31 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

   8.

The Minister for Aboriginal Affairs and Reconciliation, according to order, brought up the Report of the Select Committee on the Shop Trading Hours (Miscellaneous) Amendment Bill.

                 The Minister for Aboriginal Affairs and Reconciliation moved - That the Report be printed.

                 Debate ensued.

                 Question put and passed.  (Paper No. 193).

                 The Minister for Aboriginal Affairs and Reconciliation, by leave, without notice, moved - That the Shop Trading Hours (Miscellaneous) Amendment Bill be not reprinted as amended by the Select Committee and that the Bill be recommitted to a Committee of the Whole on next day of sitting.

                 Question put and passed.

 

Select Committee
on Shop Trading
Hours
(Miscellaneous)
Amendment Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

10.

Ordered - That Order of the Day (Government Business) No. 5 be postponed and taken into consideration on motion.

 

Postponement
of Business.

11.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

12.

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

 

Postponement
of Business.

  13.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  14.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Gaming Machines (Gaming Tax) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 to No. 17 agreed to.

                          Clause 18 suggested to be amended and agreed to.

                 Resolved - That it be a suggestion to the House of Assembly to insert new clause No. 18A.

                          Clauses No. 19 and No. 20 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 with suggested amendments; whereupon the Council adopted such report.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

Gaming Machines
(Gaming Tax)
Amendment Bill.

15.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning Year 10 Staffing Criteria.

 

Paper Tabled.

16.

The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Minister for Education and Children’s Services concerning Telecommunications Procurement.

 

Paper Tabled.

17.

Ordered - That Orders of the Day (Government Business) No. 11 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Bushfires) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.

 

Statutes
Amendment
(Bushfires) Bill.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Law Reform (Delay in Resolution of Personal Injury Claims) Bill be now read a second time:

                 Debate resumed.

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

 

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

  20.

At four 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.

  21.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Bushfires) 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

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 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 motion.

 

Statutes
Amendment
(Bushfires) Bill.

22.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 18 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  23.

On the Order of the Day being read for the adjourned debate on the question - That the Holidays (Adelaide Cup and Volunteers Day) 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.

 

Holidays
(Adelaide Cup and
Volunteers Day)
Amendment Bill.

  24.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Bushfires) Bill.

 

In the Committee

 

                          Clauses No. 4 further considered and agreed to.

                          Clause No. 5 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 Aboriginal Affairs and Reconciliation, 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.

 

Statutes
Amendment
(Bushfires) Bill.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Sentencing Guidelines) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Criminal Law
(Sentencing)
(Sentencing
Guidelines)
Amendment Bill.

26.

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

Message No. 63

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Environment Protection Act 1993 and the Radiation Protection and Control Act 1982, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until next day of sitting.

 

Messages from
House of Assembly:
Statutes
Amendment
(Environment
Protection) Bill.

 

 

Message No. 64

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 October 2002.                                                                        I. P. LEWIS, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 13 November 2002.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

 

 

Message No. 65

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Parliamentary Committees Act 1991, without any amendment.

House of Assembly, 23 October 2002.                                                                        I. P. LEWIS, Speaker.

 

Parliamentary
Committees
(Presiding
Members)
Amendment Bill.

 

 

Message No. 66

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Freedom of Information Act 1991, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 October 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.

 

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

27.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day
of Sitting.

28.

Ordered - That Orders of the Day (Private Business) No. 2 to No. 4 be Orders of the Day for Wednesday, 13 November 2002.

 

Postponement
of Business.

29.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan  -

         I.       That this Council expresses its deep concern at the drain that the Emergency Services Administrative Unit is on this State’s Emergency Services; and

        II.       Further, this Council calls on the Minister for Emergency Services to dismantle the Emergency Services Administrative Unit.

             Debate resumed.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 13 November 2002.

       

Emergency Services
Administrative
Unit -
Motion re.

30.

Ordered - That Order of the Day (Private Business) No. 6 be an Order of the Day for Wednesday, 13 November 2002.

 

Postponement
of Business.

31.

Ordered - That Order of the Day (Private Business) No. 7 be discharged.

 

Business
Discharged.

 

32.

Ordered - That Orders of the Day (Private Business) No. 8 to No. 19 be Orders of the Day for Wednesday, 13 November 2002.

 

Postponement
of Business.

33.

On the Order of the Day being read for the adjourned debate on the question - That the Dignity in Dying Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 13 November 2002.

 

Dignity in Dying
Bill.

34.

Ordered - That Orders of the Day (Private Business) No. 21 to No. 30 be Orders of the Day for Wednesday, 13 November 2002.

 

Postponement
of Business.

35.

The Hon. G. E. Gago, according to order, moved - That the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill be now read a second time.

                 The Hon. G. E. Gago 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, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council..

                 Debate ensued.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 13 November 2002.

 

Statutes
Amendment
(Equal
Superannuation
Entitlements for
Same Sex
Couples) Bill.

 

36.

Council adjourned at nine minutes past ten o’clock until tomorrow at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

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. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo