[SOUTH AUSTRALIA]

No. 30

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  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.

The Hon. A. J. Redford brought up the Twelfth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Twelfth Report,

1998-99.

 

3.

The Attorney-General (The Hon. K. T. Griffin), without notice, moved - That Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. I. Gilfillan.

                 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

   4.

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

 

Statements on

Matters of

Interest.

 

   5.

The Hon. N. Xenophon, without notice,  moved - That the Standing Orders be so far suspended as to enable him to introduce a Bill forthwith.

                 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 Hon. N. Xenophon then moved - That he have leave to introduce a Bill for an Act to reform and regulate certain aspects of the gambling industry; to amend the Gaming Machines Act 1992 and the Casino Act 1997; to provide for the removal of gaming machines from hotels within five years; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 Ordered - That the second reading be an Order of the Day for Wednesday, 26 May 1999.

 

Gambling

Industry

Regulation Bill.

 

   6.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Fish Stocks of Inland Waters be noted.

                 Debate ensued.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 26 May 1999.

Environment, Resources and Development Committee -

Report on Fish Stocks of Inland Waters to be noted - Motion re.

 

   7.

The Hon. I. Gilfillan, pursuant to notice, moved - That the Environment, Resources and Development Committee be required to -

         I.      Establish the legal status of tuna feedlots in use at Louth Bay since on or about December 1996.

        II.      Determine -

                        (a)     what knowledge of the tuna feedlots was obtained by the Fisheries Section of PIRSA, and when was that knowledge obtained; and

                        (b)    what action was taken, or should have been taken by Fisheries Officers in response to that information.

       III.      Investigate and report on any illegality that may have occurred in connection with the Department’s response to the Louth Bay tuna feedlots.

       IV.      Determine whether Fisheries Officers were hindered in proper execution of their duties through lack of resources.

        V.      Determine whether any legal proceedings were considered or commenced in connection with the Louth Bay tuna feedlots and the reasons for such action or lack thereof.

       VI.      Investigate and report on the extent to which aquaculture enforcement has been, or is, deficient elsewhere in South Australian waters.

     VII.      Indicate what, if any, alteration in procedures or resources would be required for adequate enforcement of aquaculture.

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

 

Tuna Feedlots

in Louth Bay - Environment, Resources and Development Committee to

inquire into -

Motion re.

   8.

Order of the Day being read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 7 July 1999.

 

Select Committee

on Outsourcing

of State

Government Services.

 

   9.

Order of the Day being read for the Report of the Select Committee on Wild Dog Issues in the State of South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 7 July 1999.

 

Select Committee

on Wild Dog

Issues in the State

of South

Australia.

 

10.

The Hon. A. J. Redford, according to order, moved - That the Regulations under the Children’s Services Act 1985 concerning Child Care Centres, made on 3 December 1998 and laid on the Table of this Council on 8 December 1998, be disallowed.

                 Debate ensued.

                 Ordered - That the Order of the Day be discharged.

 

Children’s Services Act 1985 - Regulations - Child Care Centres - Motion for disallowance of.

Business Discharged.

 

11.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

12.

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

 

Postponement

of Business.

13.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. Zollo -  That this Council -

         I.      Notes that Australia has formal arrangements with Canada, Japan, the Republic of Ireland, the Republic of Korea, Malta, the Netherlands and the United Kingdom which allow young citizens of those countries to apply for working holidays in Australia;

        II.      Calls on the Federal Government to initiate discussion with a view to entering into formal arrangements with Italy and Greece which allow young citizens of those countries to apply for working holidays in Australia and young citizens of Australia to apply for working holidays in Italy and Greece; and

       III.      Requests the President to convey this Resolution to the Federal Minister for Immigration and Multicultural Affairs.:

                Which the Hon. N. Xenophon had moved to amend in paragraph II, by leaving out “Italy and Greece” and inserting “Italy, Greece and Cyprus”:

                Debate resumed.

Formal Arrangements between Australia, Italy and Greece for Working Holidays - Motion re.

 

                The Hon. J. F. Stefani moved to amend the motion by leaving out Paragraph II and inserting new Paragraph II as follows:

“II.       Notes that the Federal Government established a Joint Standing Committee on Migration which, in August 1997, produced a comprehensive report entitled “Working Holiday Makers: More than Tourists”.

                And by inserting after Paragraph II, new Paragraphs IIA and IIB as follow:

“IIA.    Notes that discussions have already been initiated by the Federal Government and are still continuing with the Governments of Italy and Greece, and negotiations are at an advanced stage with the Government of Cyprus, to enter into formal arrangements which will allow young citizens of those countries to apply for working holidays in Australia and young Australians to apply for working holidays in Italy, Greece and Cyprus.

IIB.      Strongly supports the efforts being made by the Governments of Australia, Italy, Greece and Cyprus in facilitating reciprocal arrangements for working holiday visas for young people.”

                On motion of the Hon. T. G. Cameron, the debate was adjourned and ordered to be resumed on motion.

 

 

15.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), by leave, 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 State Water Plan Update.

 

Paper Tabled.

16.

At 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.

 

17.

Ordered - That Orders of the Day (Private Business) No. 10 to No. 26, Notices of Motion (Government Business) No. 1 to No. 5 and Orders of the Day (Government Business) No. 1 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Postponement

of Business.

  18.

On the Order of the Day being read for the adjourned debate on the question - That the Wingfield Waste Depot Closure  Bill be now read a second time:

                 Debate resumed.

                 Question put.

            Council divided:

Wingfield

Waste Depot

Closure Bill.

 

 

Ayes, 17.

The Hon. T. G. Cameron

The Hon. T. Crothers

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. 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

The Hon. D. V. Laidlaw (Teller)

Noes, 3.

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck (Teller)

 

 

 

So it was resolved in the affirmative.

                 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. T. G. Roberts moved on page 1, line 23, to leave out “, after subsidence,”.

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

                          Clause No. 3 agreed to.

                          Clauses No. 4 to No. 14 agreed to.

                          Clause No. 15 struck out.

                          Clause No. 16 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 an 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.

 

 

19.

Ordered - That the adjourned debate on the motion of the Hon. C. Zollo -  That this Council -

         I.      Notes that Australia has formal arrangements with Canada, Japan, the Republic of Ireland, the Republic of Korea, Malta, the Netherlands and the United Kingdom which allow young citizens of those countries to apply for working holidays in Australia;

        II.      Calls on the Federal Government to initiate discussion with a view to entering into formal arrangements with Italy and Greece which allow young citizens of those countries to apply for working holidays in Australia and young citizens of Australia to apply for working holidays in Italy and Greece; and

       III.      Requests the President to convey this Resolution to the Federal Minister for Immigration and Multicultural Affairs.:

                Which the Hon. N. Xenophon had moved to amend in paragraph II, by leaving out “Italy and Greece” and inserting “Italy, Greece and Cyprus”:

                And which the Hon. J. F. Stefani moved to amend the motion by leaving out Paragraph II and inserting new Paragraph II as follows:

“II.       Notes that the Federal Government established a Joint Standing Committee on Migration which, in August 1997, produced a comprehensive report entitled “Working Holiday Makers: More than Tourists”.

                And by inserting after Paragraph II, new Paragraphs IIA and IIB as follows:

“IIA.    Notes that discussions have already been initiated by the Federal Government and are still continuing with the Governments of Italy and Greece, and negotiations are at an advanced stage with the Government of Cyprus, to enter into formal arrangements which will allow young citizens of those countries to apply for working holidays in Australia and young Australians to apply for working holidays in Italy, Greece and Cyprus.

IIB.      Strongly supports the efforts being made by the Governments of Australia, Italy, Greece and Cyprus in facilitating reciprocal arrangements for working holiday visas for young people.” - be now resumed.

                Debate resumed.

                The Hon. P. Holloway moved to amend the motion in Paragraph II, by leaving out “initiate” and inserting “continue”.

                Question - That the words proposed to be struck out by the Hon. J. F. Stefani in
Paragraph II from its beginning down to, but excluding, the word “initiate”, stand part of the motion - put and passed.

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

                Question - That the amendment moved by the Hon. N. Xenophon be agreed to - put and passed.

                Question - That new Paragraph IIA be inserted - put and negatived.

                Question - That new Paragraph IIB be inserted - put and passed.

                Question - That the motion, as moved by the Hon. C. Zollo, and as amended by the Hon. P. Holloway, the Hon. N. Xenophon and the Hon. J. F. Stefani, be agreed to - put and passed.

 

Formal Arrangements between Australia, Italy and Greece for Working Holidays - Motion re.

20.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on South Australian Rural Road Safety Strategy be noted:

                 Debate resumed.

                 Question put and passed.

Environment, Resources and Development Committee -

Report on South Australian Rural Road Safety

Strategy to be noted - Motion re.

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
S. M. Kanck - That this Council notes, in relation to Group 65 medical products -

           I.    That Supply SA is not observing the eight point Procurement Reform Strategy released by the Department for Administrative and Information Services in May 1998;

          II.    That, at a time of cutbacks to the health budget, public hospitals and health services in South Australia are paying more as a consequence of Supply SA practices; and

         III.    That quality South Australian products are being ignored by Supply SA with resultant impact on employment in this State,

        and this Council therefore calls on the Minister for Administrative Services and the Minister for Human Services to urgently intervene to ensure that the public health system is getting best value for money in the supply of Group 65 medical products - be now resumed.

                  Debate resumed.

                  The Hon. P. Holloway moved to amend the motion by inserting the words “allegations have been made” after the words “That this Council notes” and by leaving out all words in the last three lines of the motion and inserting the following:

“and this Council therefore requests the Auditor-General to conduct an inquiry into purchasing arrangements for health services and public hospitals in South Australia and in particular -

    I.   The implementation of the Procurement Reform Strategy in the Human Services Department and whether the Procurement Reform Strategy has achieved its stated outcomes;

   II.   The probity of extending existing contracts without calling tenders;

III.   The probity of arrangements since 1997 for the purchase of Group 65 products based on a request for proposals and complaints by suppliers concerning purchasing arrangements; and

IV.   Whether the limit of delegations for procurement to the Chief Executive Officer of the Department of Human Services is appropriate for the savings target.”

                  Question - That Amendment No. 1 moved by the Hon. P. Holloway be agreed to - put and passed.

                  Question - That Amendment No. 2 moved by the Hon. P. Holloway be agreed to - put and passed.

                  Question - That the motion moved by the Hon. S. M. Kanck, and as amended by the Hon. P. Holloway, be agreed to - put.

          Council divided:

Supply of Group 65

Medical Products

to Public Health System -

Motion re.

 

Ayes, 10.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

Noes, 8.

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani.

The Hon R. D. Lawson (Teller)

 

 

 

        So it was resolved in the affirmative.

 

 

23.

Ordered - separately - That Orders of the Day (Private Business) No. 13 to No. 18 be Orders of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

 

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon  -

         I.      That a Select Committee of the Legislative Council be appointed to inquire into and report on -

                        (a)     The activities of the Motor Accident Commission, its policies, financial affairs, Board composition and the incidence and management of claims against the Compulsory Third Party Fund;

                        (b)    The level of compensation payable to victims of road trauma in South Australia;

                        (c)     The current and future roles and responsibilities of the Motor Accident Commission in relation to road safety and injury reduction; and

                        (d)    Any other related matter;

        II.      That 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 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 thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council; and

       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.

           Question - That the motion be agreed to put.

          : Council divided

Motor Accident

Commission -

Select Committee

on - Motion re.

 

Ayes, 5.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

 

 

Noes, 14.

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon R. D. Lawson

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. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negatived.

 

 

25.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Constitution (Promotion of Government Bills) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 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.

 

Constitution (Promotion of Government Bills) Amendment Bill.

26.

Ordered - That Order of the Day (Private Business) No. 21 be an Order of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the Motion of the Treasurer - That the Report of the Auditor-General, 1997-98, be noted:

                 Question put and passed.

 

Report of the Auditor-General, 1997-98 to be noted - Motion re.

 

28.

Ordered - That Order of the Day (Private Business) No. 23 be an Order of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

 

29.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 25 MARCH 1999

_____________________

 

                 Question put.

          Council divided:

Gaming

Machines

(Freeze on Gaming Machines) Amendment Bill.

 

 

Ayes, 7.  

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. R. D. Lawson

The Hon. R. R. Roberts

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

   Noes, 13.

The Hon. T. Crothers

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. R. I. Lucas (Teller)k

 

 

        So it passed in the negatived.

 

 

30.

Ordered - That the debate on the Motion moved by the Hon. I. Gilfillan concerning Tuna Feedlots in Louth Bay, adjourned on motion and the remaining Orders of the Day (Private Business), Notices of Motion (Government Business) and Orders of the Day (Government Business) be Orders of the Day for next day of sitting.

 

Postponement

of Business.

31.

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

Message No. 48

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

House of Assembly, 24 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Messages from House of Assembly:

Criminal Law Consolidation (Juries)

Amendment Bill.

 

 

Message No. 49

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law (Sentencing) Act 1988, the Domestic Violence Act 1994 and the Summary Procedure Act 1921, without any amendment.

House of Assembly, 24 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Statutes

Amendment (Restraining Orders) Amendment Bill.

 

 

Message No. 50

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, without any amendment.

House of Assembly, 24 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Criminal Law Consolidation (Intoxication) Amendment Bill.

 

 

Message No. 51

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Road Traffic Act 1961, without any amendment.

House of Assembly, 24 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Road Traffic (Miscellaneous

No. 2)

Amendment Bill.

 

 

Message No. 52

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 9 March 1999.                                                  J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Treasurer 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.

 

Year 2000 Information Disclosure Bill.

32.

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

 

Next Day

of Sitting.

 

33.

Council adjourned at eleven minutes past twelve o’clock midnight until today at eleven
o’clock a.m.

 

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