[SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  MAY  2000

 

 

 

   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 Eighteenth Report, 1999-2000 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Eighteenth Report

1999-2000.

 

   3.

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

 

Statements

on Matters

of Interest.

 

   4.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 8 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

   5.

Ordered - That Notices of Motion (Private Business) No. 10 and No. 11 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

   6.

Ordered - separately - That Orders of the Day (Private Business) No. 1 to No. 6 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

   7.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995, concerning Exemptions, made on 28 October 1999 and laid on the Table of this Council on 9 November 1999, be disallowed:

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday next.

 

Plumbers, Gasfitters and Electricians Act 1995 - Regulations -Exemptions -

Motion for disallowance of.

 

   8.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Roberts - That this Council -

               I.      Condemns the Federal Government for its totally inappropriate and insensitive statements on the patronising and failed policy practised for 60 years of removing thousands of Aboriginal children from their parents and extended families into institutions and foster homes; and

             II.      Calls on the Prime Minister and the Minister for Aboriginal and Torres Strait Islander Affairs to correct this unfortunate interpretation of this miscarriage of social and human justice against Aboriginal people:

                 Debate resumed.

                 The Minister for Transport and Urban Planning moved to amend the motion by leaving out all words after “That this Council” and inserting “, on behalf of the South Australian Parliament, re-states its apology to the Aboriginal people for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.”

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

 

Federal Government’s Statements on

Stolen Generation -

Motion re.

   9.

Ordered - separately - That Orders of the Day (Private Business) No. 9 to No. 12 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan, - That this Council recommends to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

            I.      The amount raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year);

          II.      The levy should be based on the value of improvements on the subject land and not on the value of that land;

         III.      The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for the greater flexibility in determining land use factors;

         IV.      Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

          V.      The current restrictions on judicial review in section 10(9) of the Act should be removed.

                 Debate resumed.

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

 

Emergency

Services

Funding  Act -

Motion re.

11.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 20 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

  12.

Ordered - That Order of the Day (Private Business) No. 21 be discharged.

 

Business

Discharged.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 24 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

14.

Ordered -That Order of the Day (Private Business) No. 25 be postponed and taken into consideration on motion.

 

Postponement

of Business.

15.

Ordered - separately - That Orders of the Day (Private Business) No. 26 and No. 27 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

16.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Sheriff’s Act 1978, the Courts Administration Act 1993 and the Ombudsman Act 1972, and to repeal the Law Courts (Maintenance of Order) Act 1928.

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

 

Statutes

Amendment

and Repeal

(Security and

Order at Courts

and Other Places) Bill.

17.

The Attorney-General, according to order, moved - That the Dairy Industry (Deregulation of Prices) Amendment Bill be now read a second time.

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

 

Dairy Industry (Deregulation

of Prices) Amendment Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

19.

Ordered - That Order of the Day (Government Business) No. 8 be postponed and taken into consideration on motion.

 

Postponement

of Business.

20.

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

 

Postponement

of Business.

21.

Ordered - That Order of the Day (Government Business) No. 10 be postponed and taken into consideration on motion.

 

Postponement

of Business.

22.

Ordered - separately - That Orders of the Day (Government Business) No. 11 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

23.

Ordered - That Order of the Day (Government Business) No. 16 be postponed and taken into consideration on motion.

 

Postponement

of Business.

24.

Ordered - That Order of the Day (Government Business) No. 17 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

25.

Ordered - That Order of the Day (Government Business) No. 18 be postponed and taken into consideration on motion.

 

Postponement

of Business.

26.

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

                 Debate resumed.

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

 

Criminal Law Consolidation (Mental Impairment) Amendment Bill.

27.

Ordered - That Order of the Day (Government Business) No. 20 be an Order 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 Juries (Separation) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Juries

(Separation) Amendment

Bill.

29.

Ordered - separately - That Orders of the Day (Government Business) No. 22 and No. 23 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

30.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Young Offenders (Publication of Information) 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.

 

Young Offenders (Publication of Information) Amendment Bill.

31.

Ordered - That Order of the Day (Government Business) No. 24 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

32.

Ordered - That the adjourned debate on the question - That the National Tax Reform (State Provisions) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

National

Tax Reform

(State Provisions)

Bill.

33.

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

Message No. 59

                 MR. PRESIDENT - The House of Assembly requests that the Legislative Council give permission to the Treasurer (The Hon. R. I. Lucas), Member of the Legislative Council, to attend at the Table of the House on Thursday, 25 May 2000, for the purpose of giving a speech in relation to the Appropriation Bill.

House of Assembly, 24 May 2000.                                                                  J.K.G. OSWALD Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The Attorney-General moved - That the Legislative Council grant leave to the Treasurer (The Hon. R. I. Lucas) to attend in the House of Assembly on Thursday, 24 May 2000, for the purpose of giving a speech in relation to the Appropriation Bill if he thinks fit.

                 Question put and passed.

 

Message from

House of Assembly:

Treasurer -

Requesting

attendance in

House of Assembly.

 

34.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Gambling Industry Regulation Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                          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 Wednesday next.

 

Gambling

Industry

Regulation Bill.

35.

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

 

Postponement

of Business.

  36.

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

Message No. 60

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993, without any amendment.

House of Assembly, 24 May 2000.                                                                     J.K.G. OSWALD, Speaker.

 

Message from

House of Assembly:

Statutes

Amendment (Warrants of Apprehension) Bill.

 

37.

Council adjourned at two minutes to 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. 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. 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