SOUTH AUSTRALIA]

No. 48

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

MONDAY  24  MAY  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

Answers to Questions on Notice Nos. 114, 125, 247 and 251 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

   3.

The President made the following Statement:

                 “I have to advise Members that I have received from Her Excellency The Governor a copy of a letter from the Assistant Private Secretary to The Queen, which I now read -

Buckingham Palace

4th May, 2004.

Her Excellency the Governor of South Australia.

Dear Governor,

         I have been asked to thank you for your letter of 24th March with which you enclosed a message of Loyalty to The Queen which was conveyed to you by the Members of the Legislative Council of South Australia and the Members of the House of Assembly of South Australia on the occasion of the Fiftieth Anniversary of Opening of the Parliament of South Australia by Her Majesty.

         The Queen much appreciated their kind message of loyal greetings and would be grateful if you would pass on her warm thanks to all those concerned.

Yours sincerely,

Stuart Shilson

Assistant Private Secretary to The Queen.”

 

President’s
Statement.

 

 

    4.

The following Paper was laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation

        (The Hon. T. G. Roberts) -

                 Department of Further Education, Employment, Science and Technology - Report, 2003.

 

Paper.

 

   5.

The Hon. R. K. Sneath brought up the Report of the Statutory Authorities Review Committee into the Fifth Inquiry into Timeliness of Annual Reporting by Statutory Authorities 2001-2002.

                 Ordered - That the Report be printed.  (Paper No. 211)

 

Statutory
Authorities Review
Committee -
Report into
Timeliness of
Annual Reporting
by Statutory
Authorities,
2001-2002.

 

 

   6.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. K. J. Reynolds to complete her question to him and for the Minister to complete his reply.

                 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.

 

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          Clause No. 30 further considered and agreed to.

                          Clauses No. 31 to No. 38 agreed to.

                          Clause No. 39 amended and agreed to.

                          Clauses No. 40 to No. 43 agreed to.

                          Clause No. 44 amended and agreed to.

                          Clause No. 45 read.

                 The Hon. A. J. Redford moved on page 30, lines 5 and 6, to leave out ‘a person required to appear or to produce documents under this Part’ and insert ‘the person to whom an investigation relates and any other person who appears or produces documents under this Part
(a “party”)’.

                 Question - That the amendment be agreed to - put.

Health and
Community Services
Complaints Bill.

 

 

 

             Committee divided:

Ayes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

 

Noes, 9

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        And there being an equality of votes, the Chairperson gave his casting vote to the Noes.

                          Clause No. 45 agreed to.

                          Clause No. 46 read.

                 The Hon. A. J. Redford moved on page 30, lines 28 to 30, to leave out subclause (4) and insert new subclause as follows:

                             “(4)  A notice under subsection (2) must provide a reasonable period of time for compliance with a requirement under that subsection.”.

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

                 The Hon. A. J. Redford moved on page 30, after line 35, to insert new subclause as follows:

                             “(7) A requirement under this section cannot be directed to a registration authority.”.

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

                          Clause No. 46 agreed to.

                          Clause No. 47 read.

                 The Hon. A. J. Redford moved on page 30, after line 39, to insert new subclause as follows:

                             ‘(1a) If the Commissioner or another person acting under section 46(2) examines a person on oath or affirmation (the “witness”), any other person who is a party to the proceedings, or who is a representative of a party to the proceedings, has a right to cross-examine the witness.’.

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

                          Clause No. 47 agreed to.

                          Clause No. 48 read.

                 The Hon. A. J. Redford moved on page 31, after line 32, to insert new subclause as follows:

                          “(5)  A warrant cannot relate to the premises of a registration authority.”.

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

                          Clause No. 48 agreed to.

                          Clauses No. 49 to No. 52 agreed to.

 

 

 

                          Clause No. 53 read.

        The Hon. A. J. Redford moved on page 33, lines 4 and 5, to leave out subclause (4).

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

                          Clause No. 53 agreed to.

                          Clause No. 54 read.

        The Hon. A. J. Redford moved on page 33, lines 29 and 30, to leave out subclause (6).

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

                 Clause No. 54 otherwise amended and agreed to.

                          Clause No. 55 read.

                 The Hon. A. J. Redford moved on page 33, lines 32 to 35, to leave out subclause (1) and insert new subclause as follows:

“(1)  A private service provider named in a report of the Commissioner may appeal to the Administrative and Disciplinary Division of the District Court (the Court) against any part of the contents of the report that relates to the service provider—

(a)    on the ground that it is unreasonable to include particular material in the report; or

(b)    on the ground that a comment, commentary or opinion is unfair, or a recommendation unreasonable.”.

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

                          Clause No. 55 agreed to.

                 The Hon. A. J. Redford moved on page 34, after line 6, to insert new clause No. 55A as follows:

Division 5 Professional mentor

Professional mentor

          55A. (1) The Commissioner may appoint a professional mentor to advise the Commissioner or a person acting as an investigator under this Part on any matter relevant to an investigation.

          (2)  The Commissioner or other person may discuss any relevant matter with the professional mentor.

          (3)  If a complaint is made against a registered service provider, the relevant registration authority may request the Commissioner to appoint a professional mentor under this section.

          (4)  On receiving a request under subsection (3), the Commissioner must consult with the relevant registration authority and, unless there are compelling reasons for not doing so, must appoint a professional mentor.

          (5)  If a person who is appointed as a professional mentor under subsection (3) is a member of the relevant registration authority, the person must not take part in any proceedings of the registration authority concerning the registered service provider that are related to the subject-matter of the investigation under this Part.”

                 Question - That new clause No. 55A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and negatived.

                          Clauses No. 56 to No. 74 agreed to.

                          Clause No. 75 read.

                 Question - That clause No. 75 stand as printed - put.

 

 

 

             Committee divided:

Ayes, 7

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

      So it passed in the negative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

 

 

 

                          Clause No. 75 struck out.

                          Clause No. 76 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 motion.

 

 

 

   8.

At six 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.

 

   9.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Health and Community Services Complaints Bill.

 

In the Committee

 

                          New clause No. 75A inserted.

                          Clause No. 76 agreed to.

                          Clause No. 77 read.

Health and
Community Services
Complaints Bill.

 

 

 

                 The Hon. A. J. Redford moved on page 45, after line 22, to insert new subclause as follows:

          “(4) Subsection (1) does not apply in relation to a decision to discontinue the provision of services to a particular person where the health or community service provider is under no duty to continue to provide those services.”.

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

                          Clause No. 77 agreed to.

                          Clauses No. 78 and No. 79 agreed to.

                 The Hon. A. J. Redford moved on page 46, after line 5, to insert new clause No. 79A as follows:

Protection of certain information

          79A. Nothing in this Act requires the production or provision of information held under section 64D of the South Australian Health Commission Act 1976.”.

                 Question - That new clause No. 79A, as proposed to be inserted by the Hon. A. J. Redford, be so inserted - put.

 

 

 

             Committee divided:

Ayes, 8

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

 

Noes, 7

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. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

                          New clause No. 79A inserted.

                          Clause No. 80 amended and agreed to.

                          Clauses No. 81 and No. 82 agreed to.

                          New clause No. 82A inserted.

                 The Hon. N. Xenophon moved on page 46, after line 35, to insert new clause No. 82B as follows:

                                  82B. Despite any other provision of this Act or the Ombudsman Act 1972

(a)    a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 14 of that Act on the basis that the relevant House of Parliament or committee considers that the matter involves a significant issue of public safety, interest or importance; and

(b)    a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 15(3) of that Act and the State Ombudsman may proceed to deal with the matter if the State Ombudsman considers that the matter may involve a significant issue of public safety, interest or importance; and

(c)    the State Ombudsman may conduct an investigation of an act of the Commissioner under that Act even if the matter involves a health or community service provider that is not an agency to which that Act applies (and may, in conducting the investigation, look at the substance of the original complaint, and consider or review any other matter that may be relevant to the investigation, even if the subject matter of the original complaint did not involve an administrative act within the meaning of that Act).”.

                 The Minister for Aboriginal Affairs and Reconciliation moved to amend new clause No. 82B(c), as proposed to be inserted by the Hon. N. Xenophon, by inserting after “within the meaning of that Act” the words “subject to the qualification that the State Ombudsman may not make a determination or recommendation concerning the substance of the original complaint”.

                 Question - That the words proposed to be inserted by the Minister for Aboriginal Affairs and Reconciliation to new clause No. 82B, as proposed to be inserted by the Hon. N. Xenophon, be agreed to - put.

 

 

 

             Committee divided:

Ayes, 8

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. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. N. Xenophon (Teller)

 

 

 

                 Question - That new clause No. 82B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and passed.

                          New clause No. 82B inserted.

                          Clause No. 83 amended and agreed to.

                          Clause No. 84 agreed to.

                          Clause No. 85 read.

                 The Hon. A. J. Redford moved on page 48, line 8, to leave out “two years” and insert “one year”.

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

                          Clause No. 85 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 with amendments; 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.

                         

 

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

11.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

12.

On the Order of the Day being read for the adjourned debate on motion of the Hon. S. M. Kanck - That this Council notes the failure of the Minister for Infrastructure to develop and implement a strategic plan for the maintenance and enhancement of South Australia’s infrastructure as outlined by the Economic Development Board in its Report, “A Framework for the Economic Development of South Australia”.:

                 Debate resumed.

                 On motion of the Hon. N. Xenophon, the debate was adjourned until Wednesday next.

 

Strategic Plan for
Maintenance and
Enhancement of
South Australia’s
Infrastructure -
Motion re.

 

13.

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

Message No. 68

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Freedom of Information (Miscellaneous) Amendment Bill, has agreed to the same.

House of Assembly, 6 May 2004.                                                        I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

 

 

Message No. 69

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill as indicated in the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 6 May 2004.                                                        I. P. LEWIS, Speaker.

 

Statutes
Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

Amendment No 1—

Clause 4, page 3, line 13—

After “behavioural problems” insert:

(including problem gambling)

Amendment No 2—

Clause 6, page 5, line 22—

After “behavioural problems” insert:

(including problem gambling)

Amendment No 3—

New schedule—

After clause 14 insert:

Schedule 1—Review of intervention program services

1—Review of services included on intervention programs

(1)     The Minister must, as soon as practicable following the 12 month anniversary of the commencement of this Act, appoint an independent person to carry out an investigation and review concerning the value and effectiveness of all services included on intervention programs (within the meaning of the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988) in the 12 month period following the commencement of this Act.

(2)     The person appointed by the Minister under subclause (1) must present to the Minsiter a report on the outcome of the investigation and review no later than 6 months following his or her appointment.

(3)     The Minister must, as soon as practicable after receipt of the report under this clause, cause a copy of the report to be laid before both Houses of Parliament.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

 

Message No. 70

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Gas Act 1997, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2004.                                                      I. P. LEWIS, Speaker.

 

Gas (Temporary
Rationing)
Amendment Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

Clause 5, page 4, after line 2—

Insert:

37AB—Obligation to preserve confidentiality

(1)     The Minister must preserve the confidentiality of information gained in the course of the performance of the Minister’s functions under this Division (or regulations made for the purposes of this Division), including information gained by an authorised officer under Part 6, that—

(a)     could affect the competitive position of a gas entity or other person; or

(b)     is commercially sensitive for some other reason.

(2)     Subsection (1) does not apply to—

(a)     the disclosure of information between persons engaged in the administration of this Division; or

(b)     the disclosure of information as required for the purposes of legal proceedings related to this Division (or regulations made for the purposes of this Division).

(3)     Information classified by the Minister as confidential under this section is not liable to disclosure under the Freedom of Information Act 1991.

D. A. BRIDGES, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on next day of sitting.

 

 

 

 

Message No. 71

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2004.                                                      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.

 

Gaming Machines
(Extension of Freeze)
Amendment Bill.

 

 

 

Message No. 72

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for food safety matters relating to the production of primary produce; to repeal the Dairy Industry Act 1992 and the Meat Hygiene Act 1994; to amend the Prevention of Cruelty to Animals Act 1985; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 May 2004.                                                      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. C. V. Schaefer, the debate was adjourned until next day of sitting.

 

Primary Produce
(Food Safety
Schemes) Bill.

 

14.

Council adjourned at twenty-three minutes to ten o’clock until tomorrow at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. J.S.L. Dawkins

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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

 

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon