[SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY 24 JULY 1997

 

 

 

   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 Minister for Education and Children’s Services (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two o’clock.

                 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.

   3.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement

of Business.

   4.

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

                 Debate resumed.

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

 

Appropriation

Bill.

   5.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 and No. 7 to No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement

of Business.

   6.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 134 from the House of Assembly relating to the Partnership (Limited Partnerships) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Partnership

(Limited Partnerships) Amendment

Bill.

   7.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 135 from the House of Assembly relating to the Co-operatives Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Co-operatives

Bill.

   8.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 136 from the House of Assembly relating to the Equal Opportunity (Sexual Harassment)  Amendment Bill.

 

In the Committee

 

                          Resolved - That the disagreement to the amendments be insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 The Attorney-General moved - That a Message be sent to the House of Assembly requesting a Conference be granted to the Council respecting certain amendments in the Equal Opportunity (Sexual Harassment) Amendment Bill and that the House of Assembly be informed that in the event of a Conference being agreed to, the Council will be represented at such Conference by five Managers and that the Hon. S. M. Kanck, the Hon. J.A.W. Levy, the Hon. C. A. Pickles, the Hon. C. V. Schaefer and the Attorney-General be the Managers on the part of the Legislative Council.

                 Question put and passed.

 

Equal

Opportunity

(Sexual

Harassment) Amendment Bill.

   9.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

10.

On the Order of the Day being read for the adjourned debate on the question - That the Racing (Miscellaneous) 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. 14 agreed to.

                          Clause No. 15 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.

 

Racing (Miscellaneous) Amendment Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 5, No. 8 to No. 14 and No. 18, be postponed and taken into consideration on motion.

 

Postponement

 of Business.

12.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 140 from the house of Assembly relating to the Motor Vehicles (Farm Implements and Machines) Amendment Bill.

 

In the Committee

 

                          Resolved - That the amendments be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Motor Vehicles (Farm Implements

and Machines) Amendment Bill.

13.

Ordered - That the adjourned debate on the question - That the Industrial and Employee Relations (Registered Associations) Amendment 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 and No. 2 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 Attorney-General, 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.

 

Industrial and Employee

Relations

(Registered Associations) Amendment

Bill.

14.

At one o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

15.

The Hon. B.S.L. Pfitzner brought up the Second Report of the Printing Committee 1996-97, and move that it be adopted.

                 Question put and passed.

                 The following Papers were ordered to be printed:

                          Animal and Plant Control Commission - Report 1996.  (Paper No. 119)

                          Corporate Affairs Commission - Report 1995-96.  (Paper No. 14)

                          Employment, Training and Further Education, Department for - Report, 1995-96.  (Paper No. 103)

                          ETSA Corporation - Report 1996.  (Paper No. 64)

                          Manufacturing Industry, Small Business and Regional Development, Department of - Report 1995-96.  (Paper No. 169)

                          SA Water - Report 1996.  (Paper No. 35)

                          South Australian Metropolitan Fire Service - Report 1995-96.  (Paper No. 40)

                          Teachers’ Registration Board of South Australia - Report 1995-96.  (Paper No. 89)

                          WorkCover Corporation of SA - Report 1995-96.  (Paper No. 165)

 

Printing

Committee -

Second Report,

1996-97.

16.

The Minister for Transport tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. M. H. Armitage, M.P.) concerning a Report by the Economic and Finance Committee.

 

Paper Tabled.

17.

The R. R. Roberts, by leave, tabled a copy of the evidence given by the Hon. M. D. Rann, M.P. during the investigation undertaken by Mr. Tim Anderson, Q.C. into allegations of a Conflict of Interest by the former Minister of Finance, Mr. D. S. Baker, M.P.

 

Paper Tabled.

18.

The Hon. T. G. Cameron, by leave, tabled a document listing Country Road Black Spots.

 

Paper Tabled.

 

19.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three o’clock.

                 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.

20.

The Minister for Education and Children’s Services, without notice, moved - That the 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. J. F. Stefani.

                 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.

21.

Ordered - That the adjourned debate on the question - That the Local Government (Miscellaneous)  Amendment Bill.

                 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

 

                          Clause No. 1 agreed to.

                          Clause No. 2 amended and agreed to.

                          Clauses No. 3 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clauses No. 12 and No. 13 agreed to.

                          Clause No. 14 amended and agreed to.

                          Clauses No. 15 to No. 17 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 Attorney-General, 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.

 

Local Government (Miscellaneous) Amendment

Bill.

22.

Ordered - That the adjourned debate on the question - That the Long Service Leave (Miscellaneous) 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

 

                          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 motion.

 

Long Service

Leave (Miscellaneous) Amendment

Bill.

23.

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

Message No. 142

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the implementation of a Commonwealth-State agreement relating to the privatisation of non-metropolitan railways; to make a related amendment to the Wrongs Act 1936; and for other purposes, 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, 23 July 1997.                                                                         G. M. GUNN, Speaker.

 

Messages from House of

Assembly:

Non-Metropolitan Railways (Transfer)

Bill.

 

 

Schedule of the amendment made by the House of Assembly

Page 3, after line 4 - Insert new clause 9 as follows:-

Exemption from rates and taxes

         9.  For a period of 5 years from the effective date of the Railways Agreement, land transferred under the Railways Agreement and used for the operation of railway is exempt from -

(a)   land tax under the Land Tax Act 1936; and

(b)   rates and other imposts under the Local Government Act 1934.”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

Message No. 143

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the operation of railways and access to railway services on fair commercial terms; and for other purposes, 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, 23 July 1997.                                                                         G. M. GUNN, Speaker.

 

Railways (Operations

and Access)

Bill.

 

 

Schedule of the amendment made by the House of Assembly

Page 7, after line 9 - Insert new clause 16 as follows:-

Exemption from rates and taxes

         16.  A rail corridor is exempt from

(a)   land tax; and

(b)   rates and compulsory charges under the Local Government Act 1934.”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

Message No. 144

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Constitution Act 1934, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 July 1997.                                                                         G. M. GUNN, Speaker.

                 Bill read a first time.

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

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday next.

 

Constitution

(Casual Vacancies in

House of Assembly) Amendment Bill.

 

 

Message No. 145

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 129 from the Legislative Council, agreed to grant a Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill.  The House of Assembly has named the hour of 6.00 p.m. today to receive the Managers on behalf of the Legislative Council at the Plaza Room.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That a Message be sent to the House of Assembly agreeing to the time and place appointed by that House for holding the Conference.

 

Equal Opportunity

(Sexual Harassment) Amendment Bill.

 

24.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Long Service Leave (Miscellaneous) Amendment Bill.

 

 

Long Service

Leave (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clauses No. 2 and No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. R. R. Roberts moved on page 2, after line 25, to insert new paragraph as follows:

                          “(b) by inserting after subsection (4) the following subsection:

         (4a) A worker who has completed five years service (but less that seven years service) is, on the expiry of the worker’s contract of service or on termination of the worker’s service by the worker’s employer for reasons not reflecting any fault on the part of the worker, entitled to a payment equal to the monetary equivalent of 1.3 weeks leave in respect of each completed year of service.”

                 Question - That the amendment be agreed to - put.

           Committee divided:

 

 

Ayes, 7

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. P. Nocella

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. R. R. Roberts (Teller)

Noes, 10.

The Hon. M. J. Elliott

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

                          Clause No. 4 agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 read.

                 The Hon. R. R. Roberts moved on page 2, lines 30 to 37, and page 3, lines 1 to 4, to leave out “by striking out subsections (4) and (5) and” and all words in the remaining lines of the clause and to insert “by inserting after subsection (4) the following subsection:

          (4a)  A worker who has accrued an entitlement to long service leave is entitled to take such leave (in periods of at least two weeks) on giving the employer not less than 60 days notice of the date from which and the period for which the leave is to be taken subject, however, to any determination that may be made by the Industrial Relations Commission, on the application of the employer, having regard to the provisions of subsections (1) and (2).”

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

                          Clause No. 6 agreed to.

                          Clause No. 7 read.

                 The Hon. R. R. Roberts moved on page 3, lines 5 to 20, to leave out the clause.

                 The Hon. M. J. Elliott moved on page 3, lines 7 to 10, to leave all words in these lines.

                 Question - That all words in lines 5 and 6, proposed to be struck out by the Hon.
R. R. Roberts, stand as printed - put and passed.

                 Question - That all words in lines 7 to 10, proposed to be struck out by the Hon.
M. J. Elliott, stand as printed - put and negatived.

                          Clause No. 7, as amended, agreed to.

                          Clause No. 8 struck out.

                          Clauses No. 9 to No. 13 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.

                 Ordered - That the Bill be recommitted in respect of clause No. 6.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 6.

 

 

 

In the Committee

 

                          Clause No. 6 reconsidered.

                 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.

 

 

25.

Ordered - That the adjourned debate on the question - That the Appropriation 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. 8 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 without amendment; whereupon the Council adopted such report.

                 The Minister for Education and Children’s Services, 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.

 

Appropriation

Bill.

26.

The Attorney-General, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill.

                 Question put and passed.

 

Equal Opportunity

(Sexual Harassment) Amendment Bill.

 

27.

At four 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.

 

28.

Ordered - That the adjourned debate on the question - That the Electricity (Vegetation Clearance) Amendment 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 14 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 Education and Children’s Services, 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.

 

Electricity (Vegetation

Clearance) Amendment Bill.

29.

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

 

In the Committee

 

                          Clause No. 15 further considered and agreed to.

                          Clauses No. 16 to No. 22 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 Education and Children’s Services, 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.

 

Racing (Miscellaneous) Amendment Bill.

30.

Ordered - That the adjourned debate on the question - That the Irrigation (Transfer of Surplus Water) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Irrigation

(Transfer of

Surplus Water)

Amendment

Bill.

31.

Ordered - That the adjourned debate on the question - That the Statutes Repeal and Amendment (Development) (Environmental Impact Statements) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned and ordered to be resumed on motion.

 

Statutes Repeal

and Amendment (Development) (Environmental Impact Statements)

Amendment Bill.

 

32.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of Message No. 139 from the House of Assembly relating to the National Wine Centre Bill.

 

In the Committee

 

                          Resolved - That Amendment No. 1 be not insisted on.

                          Alternative amendment made by the House of Assembly considered.

                          The Hon. P. Holloway moved to amend the alternative amendment in new subclause (2) by leaving out “the erection of a new building, or the use of an existing building,” and inserting “development”.

                          Question - That the amendment moved by the Hon. P. Holloway to the alternative amendment of the House of Assembly be agreed to - put and negatived.

                          Resolved - That the alternative amendment made by the House of Assembly be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

National Wine Centre Bill.

33.

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

Message No. 146

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Second-hand Vehicle Dealers Act 1995, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Message from

House of Assembly:

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

Schedule of the amendments made by the House of Assembly

No. 1.       Page 1, lines 14 and 15 (clause 2) - Leave out the clause.

No. 2.       Page 2, lines 3 to 5 (clause 3) - Leave out all words in these lines and insert:-

“if -

(iii)     the sale was made after the commencement of the Second-hand Vehicle Dealers (Compensation Fund) Amendment Act 1997; and

(iv)     the auctioneer who conducted the auction or negotiated such a sale (as the case may be) was acting as an agent only and was selling the vehicle on behalf of another person who was not a licensed dealer.”

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be disagreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 Ordered - That a Committee consisting of the Hon. S. M. Kanck, the Hon. J.A.W. Levy and the Attorney-General be appointed to prepare Reasons for Disagreeing to the Amendment of the House of Assembly.

                 The Attorney-General brought up the Report of the Committee appointed to prepare Reasons for Disagreeing to the Amendments of the House of Assembly, which was read by the Clerk as follows:

                          Because the Legislative Council prefers its position in the Bill.

                 Ordered - That the Report be adopted.

 

 

34.

Ordered - That the adjourned debate on the question - That the Industrial and Employee Relations (Harmonisation) Amendment 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 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 and No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 struck out.

                          Clause No. 9 agreed to.

                          Clause No. 10 struck out.

                          Clause No. 11 struck out.

                          Clause No. 12 agreed to.

                          Clause No. 13 amended and agreed to.

                          Clause No. 14 amended and agreed to.

                          Clause No. 15 struck out.

                          Clause No. 16 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.

 

Industrial and

Employee

Relations

(Harmonisation) Amendment Bill.

35.

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

Message No. 147

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Local Government (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Messages from House of

Assembly:

Local Government (Miscellaneous) Amendment Bill.

 

 

Message No. 148

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 3, 6, 9, 10, 12, 13, 14, 15 and 16 made by the Legislative Council in the Electricity (Vegetation Clearance) Amendment Bill, without any amendment; but has disagreed to Amendments Nos. 2, 4, 5 and 11 and has disagreed to Amendments Nos. 1, 7 and 8 and has made alternative amendments indicated by the annexed Schedule in lieu thereof. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 24 July 1997.                                                                         G. M. GUNN, Speaker.

 

Electricity (Vegetation Clearance)

Amendment Bill.

 

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed.

No. 2.       Page 3, lines 11 to 13 (clause 6) - Leave out “require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise”.

No. 4.       Page 3, lines 23 and 24 (clause 6) - Leave out paragraph (d) and insert new paragraph as follows:-

  “(d)   it may modify the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines subject to the scheme;”

No. 5.       Page 3, lines 33 and 34 (clause 6) - Leave out proposed subsection (3).

No. 11.     Page 6 (clause 6) - After line 14 insert new paragraph as follows:-

  “(fa)  recognised electrical safety standards;”.

 

 

 

Schedule of the amendments to which the House of Assembly has disagreed

and made alternative amendments in lieu thereof

Legislative Council’s Amendment No. 1 -

         Page 1 (clause 3) - After line 18 insert new paragraph as follows:-

(ab)      by striking out the definition of “powerline” and substituting the following definition:

powerline” means -

(a)    a set of cables for the transmission or distribution of electricity and their supporting or protective structures and equipment; and

(b)    associated equipment for the transmission or distribution of electricity,

but does not include a telecommunications cable or associated equipment;

(ac)        by inserting in the definition of “principles of vegetation clearance” “, as modified by a vegetation clearance scheme” after “powerlines”.’

House of Assembly’s alternative amendment in lieu thereof:

         Page 1 (clause 3) - After line 18 insert new paragraph as follows:-

(ab)      by striking out the definition of “powerline” and substituting the following definition:

powerline” means -

(a)    a set of cables for the transmission or distribution of electricity and their supporting or protective structures and equipment; and

 

 

(b)    associated equipment for the transmission or distribution of electricity,

but does not include a telecommunications cable or associated equipment;”.’

Legislative Council’s Amendment No. 7 -

         Page 5, lines 23 to 25 (clause 6) - Leave out paragraph (b) and insert new paragraph as follows:-

 “(b)   in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant and persistent failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to the powerlines after the commencement of this section and the reasons for the failure.”

House of Assembly’s alternative amendment in lieu thereof:

         Page 5, lines 23 to 25 (clause 6) - Leave out paragraph (b) and insert:-

“(b)    in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to powerlines in the area and in view of the reasons for the failure.”

Legislative Council’s Amendment No. 8 -

         Page 5, lines 26 to 28 (clause 6) - Leave out subsection (3) and insert new subsection as follows:-

           “(3)  The Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is justified.”

House of Assembly’s alternative amendment in lieu thereof:

         Page 5, lines 26 to 28 (clause 6) - Leave out subsection (3) and insert:-

           “(3)  The Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is appropriate.”

G. D. MITCHELL, Clerk of the House of Assembly.

                 Ordered - That the Message be taken into consideration on motion.

 

 

 

Message No. 149

                 MR. PRESIDENT - The House of Assembly insists on its amendments in the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill to which the Legislative Council has disagreed.  The Bill is returned herewith.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the disagreement to the amendments be insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

                 The Attorney-General moved - That a Message be sent to the House of Assembly requesting a Conference be granted to the Council respecting certain amendments in the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill and that the House of Assembly be informed that in the event of a Conference being agreed to, the Council will be represented at such Conference by five Managers and that the Hon. S. M. Kanck, the Hon. J.A.W. Levy, the Hon. P. Nocella, the Hon. C. V. Schaefer and the Attorney-General be the Managers on the part of the Legislative Council.

                 Question put and passed.

 

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

36.

Ordered - That the Council resolve itself into a Committee of the Whole for the further consideration of the Industrial and Employee Relations (Harmonisation) Amendment Bill.

 

In the Committee

 

                          Clause No. 16 further considered and struck out.

                          Clause No. 17 struck out.

                          Clauses No. 18 and No. 19 agreed to.

                          Clause No. 20 struck out.

                          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 Education and Children’s Services, 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.

 

Industrial and

Employee Relations

(Harmonisation) Amendment Bill.

37.

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

Message No. 150

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill, has agreed to the same.  The Bill is returned herewith.

House of Assembly, 25 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration on motion.

 

Messages from House of Assembly:

Equal Opportunity

(Sexual Harassment) Amendment Bill.

 

 

Message No. 151

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 139 from the Legislative Council, agreed to grant a Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill.  The House of Assembly has named the hour of 12.00 midnight to receive the Managers on behalf of the Legislative Council at the Plaza Room.

House of Assembly, 25 July 1997.                                                                          G. M. GUNN, Speaker.

                 Ordered - That a Message be sent to the House of Assembly agreeing to the time and place appointed by that House for holding the Conference.

 

Second-hand

Vehicle Dealers (Compensation

Fund) Amendment

Bill.

 

38.

Ordered - That the Council resolve itself into a Committee of the Whole for the further reconsideration of the Long Service Leave (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 6 further reconsidered, further amended and agreed to.

 

_____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered clause No. 6 and had agreed to the same with further amendments; whereupon the Council adopted such reports.

                 The Minister for Education and Children’s Services, 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.

 

Long Service

Leave (Miscellaneous) Amendment Bill.

39.

Ordered - That the adjourned debate on the question - That the Enfield General Cemetery (Administration of West Terrace Cemetery) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Enfield General Cemetery (Administration

of West Terrace Cemetery) Amendment Bill.

 

 

                 Bill read a second time.

                 The President made the following statement:

“This Bill is a Hybrid Bill and in accordance with Standing Order No. 268 should be referred to a Select Committee.  However, as the Bill originated in the House of Assembly which did not see fit to refer it to a Select Committee, I suggest that Standing Orders be suspended in order that the Bill can be proceeded with as a Public Bill to expedite the passage of this legislation.”

President’s Statement.

 

                 The Minister for Education and Children’s Services moved - That Standing Order No. 268 be suspended to enable the Bill to be proceeded with as a Public Bill.

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

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

Suspension of

Standing Orders.

 

In the Committee

 

                          Clauses No. 1 to No. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clause No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clause No. 7 amended and 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 Education and Children’s Services, 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.

 

 

40.

The Minister for Education and Children’s Services, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill.

                 Question put and passed.

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

41.

Ordered - That the adjourned debate on the question - That the Statutes Repeal and Amendment (Development) (Environmental Impact Statements) Amendment 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.

_____________________

 

And it being twelve of the clock:

FRIDAY 25 JULY 1997

_____________________

 

                          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 Education and Children’s Services, 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  Repeal

and Amendment

(Development)

(Environmental Impact

Statements)

Amendment Bill.

42.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of Message No. 148 from the House of Assembly relating to the Electricity (Vegetation Clearance) Amendment Bill.

 

In the Committee

 

                          Resolved - That Amendments Nos. 2, 4, 5 and 11 be not insisted on.

                          Resolved - That Amendments Nos. 1, 7 and 8 be not insisted on and that the alternative amendments in lieu thereof be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Electricity (Vegetation Clearance) Amendment Bill.

43.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of Message No. 142 from the House of Assembly relating to the Non-Metropolitan Railways (Transfer) Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Non-Metropolitan Railways

(Transfer) Bill.

44.

The Council, according to order, resolved itself into a Committee of the Whole for the  consideration of Message No. 143 from the House of Assembly relating to the Railways (Operations and Access) Bill.

 

In the Committee

 

                          Resolved - That the amendment be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Railways (Operations

and Access) Bill.

45.

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

Message No. 152

                 MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Industrial and Employee Relations (Harmonisation) Amendment Bill.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 25 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendments be insisted on.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Message from

House of Assembly:

Industrial and Employee Relations (Harmonisation) Amendment

Bill.

 

46.

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

Message No. 153

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Long Service Leave (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Messages from House of

Assembly:

Long Service Leave

(Miscellaneous)

Amendment Bill.

 

 

Message No. 154

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Industrial and Employee Relations (Harmonisation) Amendment Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented at the Conference by five Managers.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House, and that the time and place for holding the same be the Plaza Room at 9.00 a.m. on Friday, 25 July 1997, and that the Hon. M. J. Elliott, the Hon. R. R. Roberts, the Hon. T. G. Roberts, the Hon. C. V. Schaefer and the Attorney-General be the Managers on the part of this House.

 

Industrial and Employee

Relations (Harmonisation) Amendment Bill.

 

47.

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

Message No. 155

                 MR. PRESIDENT - In reply to Message No. 149 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Message from

House of

Assembly:

Industrial and Employee Relations (Harmonisation) Amendment Bill.

 

48.

At five minutes past two o’clock a.m. the sitting was suspended until the ringing of the bells.

                 At eleven o’clock a.m. the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

49.

The Attorney-General, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill.

                 Question put and passed.

 

Industrial and Employee Relations (Harmonisation) Amendment Bill.

 

50.

The Attorney-General reported as follows - The Managers have been to the Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker), and Messrs. Atkinson, Caudell, Quirke and Scalzi and they there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed to recommend to our respective Houses -

As to Amendment No. 1 -

           That the Legislative Council do not further insist on its disagreement thereto.

As to Amendment No. 2 -

           That the Legislative Council do not further insist on its disagreement thereto.

 

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

51.

The Attorney-General reported as follows - The Managers have been to the Conference on the Equal Opportunity (Sexual Harassment) Amendment Bill which was managed on behalf of the House of Assembly by the Treasurer (The Hon. S. J. Baker), Ms. Stevens and Messrs. Atkinson, Oswald and Wade and they there delivered the Bill, together with the Resolution adopted by this House, and thereupon the Managers for the two Houses conferred together, and it was agreed to recommend to our respective Houses -

As to Amendment No. 1 -

           That the Legislative Council do not further insist on its disagreement thereto.

As to Amendment No. 2 -

           That the Legislative Council do not further insist on its disagreement thereto.

Equal

Opportunity

(Sexual

Harassment) Amendment

Bill.

 

As to Amendment No. 3 -

           That the Legislative Council do not further insist on its disagreement thereto.

As to Amendment No. 4 -

           That the House of Assembly do not further insist on its amendment but makes the following alternative and additional amendment in lieu thereof:-

‘Page 2, lines 27 to 36 and page 3, lines 1 to 22 (clause 4) - Leave out paragraphs (a) to (g) and insert new paragraphs as follow:-

“(a)   the Commissioner must refer the complaint to the appropriate authority;

(b)    if the appropriate authority is of the opinion that dealing with the complaint under this Act could impinge on judicial independence or parliamentary privilege, as the case may be, the appropriate authority will investigate and may deal with the matter in such manner as the appropriate authority thinks fit;

(c)     on the appropriate authority giving the Commissioner written notice that a complaint is to be dealt with under paragraph (b) -

(i)      no further action can be taken under any other provision of this Act on the complaint; and

(ii)     the Commissioner must give the complainant and the respondent written notice that the complaint will be dealt with by the appropriate authority;

  (d)  on the appropriate authority giving the Commissioner written notice that a complaint will not be dealt with under paragraph (b), the Commissioner may proceed to deal with the complaint under this Act;

  (e)   a notice must be given under paragraph (c) or (d) by the appropriate authority no later than one month after the referral of a complaint to the appropriate authority;

  (f)   the Commissioner may at the request of the appropriate authority -

 (i)     assist the authority in investigating a complaint that is to be dealt with under paragraph (b); or

(ii)     attempt to resolve the subject matter of such a complaint by conciliation;

 

 

  (g)  if the Commissioner is to act under paragraph (f), the appropriate authority must give the complainant and the respondent written notice that the Commissioner is to so act;

  (h)  if the Commissioner attempts to resolve the subject matter of a complaint by conciliation but is not successful in that attempt, the Commissioner may make recommendations to the appropriate authority regarding resolution of the matter;

  (i)    if, after investigating a complaint under paragraph (b), the appropriate authority considers that the complaint can be dealt with under the Act without impinging on judicial independence or parliamentary privilege (as the case may be), the appropriate authority must remit the complaint to the Commissioner, and, in that case, the Commissioner may proceed to deal with the complaint under the Act;

  (j)    if a complaint is remitted to the Commissioner under paragraph (i), the Commissioner must give the complainant and respondent written notice that the complaint is to be dealt with by the Commissioner;

  (k)   the appropriate authority must give the complainant and the Commissioner written notice of the manner in which the appropriate authority has dealt with a complaint under paragraph (b).”

Page 3 (clause 4) - After line 34 insert new subsections as follow:-

         “(5a)  The Minister must, as soon as practicable after the second anniversary of the commencement of this section, cause an examination to be made of the operation of this section and prepare and complete a report of the results of that examination within six months after the second anniversary of that commencement.

         (5b)  The Minister must, within 12 sitting days after the report is completed, cause copies of the report to be laid before each House of Parliament.” ’

           And that the Legislative Council agrees thereto.

As to Amendment No. 5 -

           That the Legislative Council do not further insist on its disagreement thereto.

Additional Amendment -

           That the House of Assembly makes the following further amendment to the Bill:-

New clause, page 1 - After line 13 insert new clause as follows:-

Commencement

         1A.  This Act will come into operation on a day to be fixed by proclamation.”

           And that the Legislative Council agrees thereto.

 

 

                 Ordered - That the President do now leave the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of Message No. 150 and the recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the Recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

52.

The Hon. J.A.W. Levy, without notice, moved - That the Select Committee on the Voluntary Euthanasia have permission to meet during the sitting of the Council this day.

                 Question put and passed.

 

Select  Committee

on the Voluntary Euthanasia Bill.

 

53.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Waste Management Practices in South Australia, be noted.

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

 

Environment, Resources and Development Committee -

Report on Waste Management Practices in

South Australia

to be noted -

Motion re.

 

54.

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 expresses its concern at the Government’s failure to pay due regard to circumstances that give rise to conflict of interest situations:

                 Debate resumed.

                 On motion of the Minister for Education and Children’s Services, the debate was adjourned and ordered to be resumed on motion.

 

Conflict of

Interest

Situations -

Motion re.

55.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. A. Pickles - That the Regulations under the Education Act 1972, concerning Materials and Services Charge, made on 17 April 1997 and laid on the Table of this Council on 27 May 1997, be disallowed:

                 Debate resumed.

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

 

Education Act - Regulations - Materials and Services Charge - Motion for disallowance of.

 

56.

Ordered - That Order of the Day (Private Business) No. 3 be postponed and taken into consideration on motion.

 

Postponement

of Business.

57.

On the Order of the Day being read for the adjourned debate on the question - That the Constitution (Parliamentary Terms) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

           Council divided:

Constitution (Parliamentary Terms)

Amendment Bill.

 

Ayes, 9.

The Hon. T. G. Cameron

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

Noes, 8.

The Hon. J. C. Irwin

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (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

 

                          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 motion.

 

 

58.

Ordered - That the Orders of the Day (Government Business) No. 5 and No. 6 be postponed and taken into consideration on motion.

 

Postponement

of Business.

59.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway - That the Legislative Council requests the Legislative Review Committee to inquire into and report upon the operation of the Freedom of Information Act 1991:

                 Debate resumed.

                 Question put and passed.

 

Freedom  of Information Act - Legislative Review Committee to inquire into and report on -

Motion re.

 

60.

Ordered - That the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Report of the Environment, Resources and Development Committee on Waste Management Practices in South Australia, be noted - be now resumed.

                 Debate resumed.

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

 

Environment, Resources and Development Committee - Report on Waste Management Practices in South Australia to be

noted -

Motion re.

 

61.

At twelve minutes past one o’clock the sitting was suspended until the ringing of the bells.

        At half past two o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

62.

Ordered - That the adjourned debate on the motion of the Hon. B.S.L. Pfitzner - That the Report of the Social Development Committee on HIV/AIDS - Hepatitis B Inquiry (Part II) - The Rights of Infected an Non-Infected Persons, be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

                

Report of the

Social Development Committee on HIV/AIDS - Hepatitis B

Inquiry (Part II) - The Rights of Infected and

Non-Infected Persons be noted - Motion re.

 

63.

On the Order of the Day being read for the adjourned debate on the question - That the Members of Parliament (Register of Interests) (Returns) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Members of Parliament

(Register of Interests) (Returns) Amendment Bill.

 

64.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council expresses its concern at the Government’s failure to pay due regard to circumstances that give rise to conflict of interest situations - be now resumed.

                 Debate resumed.

                 And the Hon. T. G. Cameron having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Conflict of

Interest

Situations -

Motion re.

65.

Ordered - That the adjourned debate on the question - That the Roads (Opening and Closing) (Parliamentary Disallowance of Closures) Amendment 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. 11 agreed to.

                          Clause No. 12, being a money clause, no question was put on the clause.

                          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 Education and Children’s Services, 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.

 

Roads (Opening

and Closing) (Parliamentary Disallowance

of Closures) Amendment Bill.

66.

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

Message No. 156

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill, has agreed to the same.  The Bill is returned herewith.

House of Assembly, 25 July 1997.                                                                           G. M. GUNN, Speaker.

                 Ordered - That the President do now leave the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

Message from

House of Assembly:

Second-hand

Vehicle Dealers (Compensation Fund) Amendment

Bill.

 

 

67.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause 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 with amendments; whereupon the Council adopted such report.

                 The Attorney-General, 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.

                 The Hon. M. J. Elliott moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Constitution (Parliamentary Terms)

Amendment

Bill.

68.

Ordered - That the adjourned debate on the question - That the Fair Trading (Unconscionable Conduct) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 Question put.

           Council divided:

Fair Trading (Unconscionable Conduct) Amendment

Bill.

 

Ayes, 9.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. T. G. Cameron (Teller)

Noes, 8.

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. K. T. Griffin (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.

                          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 Attorney-General, 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.

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

                 Debate ensued.

                 Question put and passed.

                 Resolved - That this Bill do now pass.

 

 

69.

The Attorney-General reported as follows - The Managers have been to the Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill which was managed on behalf of the House of Assembly by the Minister for Industrial Affairs (The Hon. D. C. Brown), Ms. Penfold and Messrs. Atkinson, Clarke and Wade and they there received from the Managers on behalf of the House of Assembly the Bill and the following Resolution adopted by that House:-

                 That the disagreement to the amendments of the Legislative Council be insisted on.

                 And thereupon the Managers for the two Houses conferred together, and it was agreed that we should recommend to our respective Houses -

As to Amendment No. 1 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 3, page 1, lines 24 to 27 - Leave out proposed subparagraph (ii) and the footnote and insert:-

“(ii)   ensuring industrial fair play; and”.

                 And that the House of Assembly agrees thereto.

Industrial

and Employee Relations (Harmonisation) Amendment

Bill.

 

As to Amendment No. 2 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 4, page 2, lines 15 to 20 - Leave out paragraph (c) and insert:-

(c)   by inserting after the definition of “industrial dispute” the following definition:

industrial instrument” means -

(a)    an award or enterprise agreement under this Act; or

(b)    an award or certified agreement (but not an Australian workplace agreement) under the Commonwealth Act;;’.

          And that the House of Assembly agrees thereto.

As to Amendments Nos. 3, 4, 5, 6, 7 and 8 -

          That the House of Assembly do not further insist on its disagreement thereto.

 

 

As to Amendment No. 9 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 13, page 5, lines 30 and 31 - Leave out “(to be calculated in accordance with the regulations) exceeds a rate fixed in the regulations” and insert “is
$66 200 (indexed) or more a year”.

             And that the House of Assembly agrees thereto.

 

 

As to Amendment No. 10 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 13, page 6, lines 1 to 15 - Leave out all words in these lines and insert:-

(a)     employees serving a period of probation or a qualifying period provided that the period -

  (i)    is determined in advance; and

 (ii)    is reasonable having regard to the nature and circumstances of the employment; and

(iii)    does not exceed 12 months; or

(b)       employees engaged on a casual basis for a short period except where -

  (i)    the employee has been engaged by the employer on a regular and systematic basis extending over a period of at least 9 months; and

 (ii)    the employee has, or would have had, a reasonable expectation of continuing employment by the employer; or

(c)       employees whose terms and conditions of employment are governed by special arrangements giving rights of review of, or appeal against, decisions to dismiss from employment which, when considered as a whole, provide protection that is at least as favourable to the employees as the protection give under this part; or

(d)       employees in relation to whom the application of this Part or the specified provisions of this Part causes or would cause substantial difficulties because of -

  (i)    their conditions of employment; or

 (ii)    the size or nature of the undertakings in which they are employed; or

(e)       employees of any other class.

         (3)  To the extent that a regulation under subsection (2)(c), (d) or (e) is inconsistent with the Termination of Employment Convention it is invalid.

         (4)  If a contract provides for employment for a specified period or for a specified task, this Part does not apply to the termination of the employment at the end of the specified period, or on completion of the specified task.”

            And that the House of Assembly agrees thereto.

 

 

As to Amendment No. 11 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 13, page 7, lines 33 and 35 - Leave out subsection (2) and insert new sub-section as follows:-

         “(2)  In deciding whether a dismissal was harsh, unjust or unreasonable, the Commission must have regard to -

(a)  the Termination of Employment Convention; and

(b)  the rules and procedures for termination of employment prescribed by or under Schedule 8.”

           And that the House of Assembly agrees thereto.

As to Amendment No. 12 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 13, page 8, lines 11 to 20 - Leave out subsection (2).

           And that the House of Assembly agrees thereto.

As to Amendments Nos. 13, 14, 15 and 16 -

          That the House of Assembly no longer insists on its disagreement thereto.

 

 

As to Amendment No. 17 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 14, page 11, lines 13 to 24 - Leave out proposed new section 116A and insert:-

General offences against the principle of freedom of association

             116A.  A person must not -

  (a)     require another to become, or remain, a member of an association; or

  (b)     prevent another from becoming or remaining a member of an association of which the other person is, in accordance with the rules of the association, entitled to be a member; or

  (c)     induce another to enter into a contract or undertaking not to become or remain a member of an association.

Maximum penalty:         $20 000.”

             And that the House of Assembly agrees thereto.

 

 

As to Amendment No. 18 -

             That the House of Assembly no longer insists on its disagreement thereto.

 

 

As to Amendment No. 19 -

That the Legislative Council do not further insist on its amendment but makes the following  amendment in lieu thereof -

Clause 14, page 12, line 23 to page 13, line 6 - Leave out proposed new section 117 and insert:-

Prohibition of discrimination in supply or purchase of goods or services

                               117.  (1)  A person who carries on a business involving the supply or purchase of goods or services must not discriminate against an employer by refusing to supply or purchase goods or services, or in the terms on which goods or services are supplied or purchased, on the ground that the employer’s employees are, or are not, members of an association.

Maximum penalty:         $20 000.

                               (2)  A person must not, on the ground that an employer’s employees are, or are not, members of an association -

(a)  attempt to induce a person who carries on a business involving the supply or purchase of goods or services to discriminate against an employer by refusing to supply or purchase goods or services, or in the terms on which goods or services are supplied or purchased; or

(b)  attempt to prevent a person who carries on a business involving the supply or purchase of goods or services from supplying or purchasing goods or services to or from the employer.

Maximum penalty:         $20 000.

                               (3)  This section does not prevent an association from discriminating between members and non-members of the association.”

             And that the House of Assembly agrees thereto.

 

 

As to Amendment No. 20 -

That the Legislative Council do not further insist on its amendment.

As to Amendments Nos. 21, 22, 23 and 24 -

That the House of Assembly do not further insist on its disagreement thereto.

Consequential Amendment -

That the Legislative Council makes the following consequential amendment to the Bill:-

Clause 7, page 3, after line 11 - Insert new paragraph as follows:-

“(bb)  by inserting after subsection (1) the following subsections:

          (1a)  The agreement of employees to be bound by a proposed enterprise agreement may be indicated by ballot or in some other way.

          (1b)   If a ballot of employees is taken -

(a)    The Commission must be satisfied that -

  (i)    all employees were given a reasonable opportunity to participate in the ballot; and

 (ii)    the ballot was conducted in accordance with the rules for the conduct of ballots (if any) laid down by regulation; and

 

 

(iii)    a majority of the employees casting valid votes at the ballot voted in favour of the proposal; and

(b)    if the Commission is so satisfied, it will be presumed that a majority of the total number of the employees (including those who did not vote at the ballot) is in favour of the proposal.”

                 Ordered - That the President do now leave the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the recommendations from the Conference.

 

In the Committee

 

                          Resolved - That the recommendations from the Conference be agreed to.

_____________________

 

                 The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

 

 

70.

Ordered - That the adjourned debate on the motion of the Hon. C. A. Pickles - That the Regulations under the Education Act 1972, concerning Materials and Services Charge, made on 17 April 1997 and laid on the Table of this Council on 27 May 1997, be disallowed - be now resumed.

                 Debate resumed.

                 And the Minister for Education and Children’s Services having sought leave to conclude, the debate was adjourned and ordered to be resumed on motion.

 

Education Act - Regulations - Materials and Services Charge - Motion for disallowance of.

 

71.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable the sitting of the Council to be extended beyond 6.30 p.m. to enable Business of the Day to be concluded.

                 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.

72.

Ordered - That the adjourned debate on the motion of the Hon. C. A. Pickles - That the Regulations under the Education Act 1972 concerning Materials and Services Charge, made on 17 April 1997 and laid on the Table of this Council on 27 May 1997, be disallowed - be now resumed.

                 Debate resumed.

                 Question put.

           Council divided:

Education Act - Regulations - Materials and Services Charge - Motion for disallowance of.

 

 

Ayes, 8.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. G. Weatherill

The Hon. C. A. Pickles (Teller)

Noes, 7.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

So it was resolved in the affirmative.

 

 

73.

Ordered - That the adjourned debate on the question - That the Irrigation (Transfer of Surplus Water) Amendment 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.

 

Irrigation

(Transfer of

Surplus Water) Amendment

Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 3 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 Education and Children’s Services, 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.

 

 

74.

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

Message No. 157

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Enfield General Cemetery (Administration of West Terrace Cemetery)  Amendment Bill, without any amendment.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Messages from House of Assembly:

Enfield General Cemetery (Administration of West Terrace Cemetery)

Amendment Bill.

 

 

Message No. 158

                 MR. PRESIDENT - The House of Assembly, having considered the recommendations of the Conference on the Industrial and Employee Relations (Harmonisation) Amendment Bill, has agreed to the same.

House of Assembly, 24 July 1997.                                                                           G. M. GUNN, Speaker.

 

Industrial and Employee

Relations (Harmonisation) Amendment Bill.

 

75.

The Hon. J. C. Irwin, according to order, moved - That the Rehabilitation of Sexual Offenders Bill be now read a second time.

                 On motion of the Hon. J.A.W. Levy, the debate was adjourned until Wednesday next.

 

Rehabilitation

of Sexual

Offenders Bill.

 

76.

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

 

Postponement

of Business.

 

77.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday next.

 

Postponement

of Business.

 

78.

The Minister for Education and Children’s Services moved - That the Council, at its rising, do adjourn until Tuesday, 26 August 1997, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

79.

Council adjourned at twelve minutes to nine o’clock p.m. until Tuesday, 26 August 1997, 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