SOUTH AUSTRALIA]

No. 7

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  24  SEPTEMBER  2003

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Hon. J. M. Gazzola brought up the Third Report, 2003-2004 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations, the Committee may decide to take no further action.

                 Regulations referred to -

Victims of Crime Act 2001 - General Regulations.

Liquor Licensing Act 1997 - Long Term Dry Areas - Copper Coast.

 

Legislative
Review
Committee -
Third Report,
2003-2004.

 

   3.

The Hon. J. M. Gazzola brought up the Fourth Report, 2003-2004 of the Legislative Review Committee.

Legislative
Review
Committee -
Fourth Report,
2003-2004.

 

 

    4.

The following Papers were laid upon the Table, viz.:

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

                 State Supply Board - Report, 2002-2003.

                 Interim Operation of the Rural B Zone (Concordia) - Waste Disposal Anomaly Development Plan Amendment Report.

                 Interim Operation of the Rural City of Murray Bridge Heritage (Town Centre and Environs) Plan Amendment Report.

                 Rules under Acts -

                          Local Government Act 1999 - Local Government Superannuation Scheme -

                                   Council Elected Member.

                                   Present Day Super Benefit.

 

Papers.

 

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier, (The Hon. M. D. Rann, M.P.) concerning the Appointment of the New Artistic Director for the 2006 Adelaide Festival of Arts.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Gambling (The Hon. J. Weatherill, M.P.) concerning Early Intervention Orders.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Industrial Relations (The Hon. M. J. Wright, M.P.) concerning WorkCover.

 

Ministerial
Statement Tabled.

 

   8.

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

 

Statements on
Matters of Interest.

 

   9.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 19 be postponed and taken into consideration after Notice of Motion (Private Business) No. 20.

 

Postponement
of Business.

 

10.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until Wednesday, 15 October 2003.

 

Motor Vehicles
(Roadworthiness
Inspection Scheme)
Amendment Bill.

 

11.

The Hon. J.M.A. Lensink, having obtained leave to amend the motion of which notice had been given, moved - That this Council congratulates the Government on its appointments of Justice Ann Vanstone, Q.C., Judge Patricia Kelly, Q.C., and Magistrates Maria Panagiotidis and Penny Eldgridge to greatly enhance representation of women in the South Australia judiciary.

                 Debate ensued.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 15 October 2003.

 

Appointments of
Women to the
South Australian
Judiciary -
Motion re.

 

12.

Ordered - That Notices of Motion (Private Business) No. 2 to No. 5 be Orders of the Day for Wednesday, 15 October 2003.

 

Postponement
of Business.

 

13.

The Hon. R. K. Sneath, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 2002-2003 be noted.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until Wednesday, 15 October 2003.

 

Report of the
Statutory Authorities
Review Committee,
2002-2003
to be noted -
Motion re.

 

14.

The Minister for Aboriginal Affairs and Reconciliation, by leave and at the request of the Hon. C. Zollo, pursuant to notice, moved - That the Legislative Council congratulates the Government on retaining 100 per cent of the open space at Lochiel Park.

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

 

Retention of
Open Space at
Lochiel Park -
Motion re.

 

15.

Ordered - That Notice of Motion (Private Business) No. 9 be postponed and taken into consideration after Notice of Motion (Private Business) No. 10.

 

Postponement
of Business.

 

16.

The Hon. J.M.A. Lensink, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 15 October 2003.

 

Motor Vehicles
(Emergency
Contact Details)
Amendment Bill.

 

17.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

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

 

Industrial and
Employee Relations
(Prohibition Against
Bargaining Services
Fee) Amendment
Bill.

 

 

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 15 October 2003.

 

 

 

18.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Stormwater Management be noted.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 15 October 2003.

 

Report of the
Environment,
Resources and
Development 
Committee
on Stormwater
Management
be noted -
Motion re.

 

 

19.

Ordered - That the adjourned debate on the motion of the Minister for Aboriginal Affairs and Reconciliation - That the Legislative Council congratulates the Government on retaining 100 per cent of the open space at Lochiel Park - be now resumed.

                 Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 15 October 2003.

 

Retention of
Open Space at
Lochiel Park -
Motion re.

 

20.

Ordered - That Notices of Motion (Private Business) No. 12 to No. 14 be postponed and taken into consideration after Notice of Motion (Private Business) No. 15.

 

Postponement
of Business.

 

21.

The Hon. D. W. Ridgway, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. D. W. Ridgway then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. K. Sneath, the debate was adjourned until Wednesday, 15 October 2003.

 

Industrial and
Employee Relations
(Exemption of
Small Business)
Amendment Bill.

 

22.

Ordered - That Notices of Motion (Private Business) No. 12 to No. 14 be postponed and taken into consideration after Notice of Motion (Private Business) No. 16.

 

Postponement
of Business.

 

23.

The Hon. C. Zollo, pursuant to notice, moved - That the Summary Offences (Tattooing and Piercing) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

                 Question put and passed.

                 Ordered - That the Bill be an Order of the Day for Wednesday, 15 October 2003.

 

Summary Offences
(Tattooing and
Piercing)
Amendment Bill.

 

24.

Ordered - That Notices of Motion (Private Business) No. 12 to No. 14 and No. 17 be postponed and taken into consideration after Notice of Motion (Private Business) No. 18.

 

Postponement
of Business.

 

25.

The Hon. N. Xenophon, pursuant to notice, moved - That Travel Reports of Members of this Council be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the President as required under the Members of Parliament Travel Entitlement Rules.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 15 October 2003.

 

Availability of
Members’ Travel
Reports on
Internet -
Motion re.

 

26.

At two minutes to six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

27.

The Hon. A. L. Evans, pursuant to notice, moved -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)     The status of fathers in South Australia by reference to the current level of recognition of their role in family formation and child rearing and in the support given to them by the public and private sectors and the community in general.

(b)    The current difficulties facing fathers in South Australia from an economic, social, financial, legal and health perspective in the formation and maintenance of the family unit.

(c)     The nature and availability of Government and non-Government support and services for fathers in crisis in South Australia.

 

Status of Fathers -
Motion for Select
Committee on.

 

 

 

 (d)   The ways in which the status of fathers and the level of support given to them in times of crisis can be improved.

             II.      That Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being presented to the Council.

            IV.      That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 15 October 2003.

 

 

 

28.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 15 October 2003.

 

Crown Lands
(Freeholding)
Amendment Bill.

 

29.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the State Supply Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 15 October 2003.

 

State Supply
(Procurement
of Software)
Amendment Bill.

 

30.

The Hon. A. J. Redford, pursuant to notice, moved -

       That this Legislative Council notes that the Attorney-General, The Hon. M. J. Atkinson, M.P., in a Ministerial Statement given to the House of Assembly on Monday, 22 September 2003 -

               I.      acknowledged that he misled Parliament in giving a Ministerial Statement on 1 April 2003;

             II.      apologised for not including Justice Mullighan’s ruling in the said Ministerial Statement;

            III.      failed to apologise to Professor Thomas for suggesting that Professor Thomas was not a qualified forensic pathologist;

            IV.      failed to apologise to Professor Thomas for alleging that Professor Thomas had not carried out a post mortem investigation on a homicide case in South Australia;

             V.      failed to apologise to Professor Thomas for suggesting that Professor Thomas was a person who was not inclined to give impartial or independent evidence to courts;

            VI.      failed to apologise to Professor Thomas for suggesting that Professor Thomas gave evidence to a court that was unreliable and unsatisfactory;

           VII.      suggested that a delay of nine weeks to partially correct a misleading statement to the Parliament complies with the Ministerial Code of Conduct’s requirement that Ministers have a responsibility to ensure that errors are “corrected or clarified as soon as possible”; and

         VIII.      blamed others for the incorrect facts alleged in the Ministerial Statement.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday, 15 October 2003.

 

Matters relating to
Ministerial Statement
made by the
Attorney-General -
Motion re.

 

31.

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

Message No. 3

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Development Act 1993 and the Summary Offences Act 1953, to which it desires the concurrence of the Legislative Council.

House of Assembly, 23 September 2003.                                           I. P. LEWIS, Speaker.

 

Messages from
House of Assembly:
Statutes
Amendment
(Anti-Fortification)
Bill.

 

 

 

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

 

 

 

Message No. 4

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled a Bill for an Act to amend the Fair Trading Act 1987 and to repeal the Starr-Bowkett Societies Act 1975, without any amendment.

House of Assembly, 23 September 2003.                                           I. P. LEWIS, Speaker.

 

Statute
Amendment
and Repeal
(Starr-Bowkett
Societies) Bill.

 

 

Message No. 5

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Firearms Act 1977, 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 September 2003.                                           I. P. LEWIS, Speaker.

 

Firearms
(COAG Agreement)
Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly

No. 1.      Clause 9, page 8, after line 18—

                 Insert:

                         (aa)        if—

(i)      the person who acquired the firearm was the holder of a shooting club member's licence; and

(ii)     the firearm—

      (A)      is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or

      (B)      is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or

      (C)      has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or

      (D)      is of more than .38 calibre; or

No. 2.      Clause 9, page 10, after line 11—

                 Insert:

                         (aa)        if—

(i)      the person who acquired the firearm was the holder of a shooting club member's licence; and

(ii)     the firearm—

      (A)      is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or

      (B)      is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or

      (C)      has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or

      (D)      is of more than .38 calibre; or

No. 3.      Clause 11, page 12, after line 35—

                 Insert:

                         (aa)        if—

(i)      the other person is the holder of a shooting club member's licence; and

(ii)     the firearm—

      (A)      is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or

      (B)      is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or

 

 

 

 

      (C)      has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or

      (D)      is of more than .38 calibre; or

No. 4.      26—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule 1—Transitional provisions and compensation

1—Interpretation

In this Schedule—

surrender period means the period of six months from the commencement of this clause.

2—Period allowed for surrender (or registration) of certain firearms etc

      (1)       A person who has possession of an unregistered receiver during the surrender period is to be taken not to have committed an offence against this Act for possession of the receiver provided that, during the surrender period, the person—

      (a)       obtains registration of the receiver; or

      (b)      surrenders it to the Registrar.

      (2)       A person who, during the surrender period, has possession of any of the following:

      (a)       a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm;

      (b)      a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm;

      (c)       a class H firearm with a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity;

      (d)      a class H firearm of more than .38 calibre;

      (e)       a class H firearm that was manufactured after 1946 and acquired by the person for the purpose of collection and display,

is, if the firearm is unregistered or ceases to be registered, to be taken not to have committed an offence against this Act for possession of the firearm provided that, during the surrender period, the person—

       (f)       obtains registration of the firearm; or

      (g)      surrenders it to the Registrar.

     (3)        The Registrar must, as soon as practicable after the commencement of the surrender period, by notice in writing, cancel the registration of each firearm referred to in paragraph (a), (b), (c), (d) or (e) of subclause (2) that is registered in the name of a person who is the holder of a shooting club member's licence.

      (4)       If the registration of a firearm is cancelled under subclause (3), no fee is payable in respect of an application made by the owner of the firearm during the surrender period for re-registration of the firearm.

3—Prohibition of use of certain firearms

      (1)       This clause applies to any of the following firearms if unregistered:

      (a)       a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm;

      (b)      a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm;

      (c)       a class H firearm with a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity;

      (d)      a class H firearm of more than .38 calibre.

      (2)       A person must not use a firearm to which this clause applies.

4—Compensation for certain surrendered firearms etc

      (1)       The Registrar may, subject to conditions approved by the Minister, pay compensation in respect of—

 

 

 

 

      (a)       firearms; or

      (b)      firearm parts; or

      (c)       firearm accessories; or

      (d)      ammunition,

of a kind approved by the Minister surrendered to the Registrar during the surrender period.

      (2)       A decision of the Registrar or the Minister under subclause (1) is final and conclusive and may not be challenged or called in question in any court.

      (3)       Compensation payable under this clause must be paid from the Consolidated Account which is appropriated by this clause to the necessary extent.

5—Possession of and collectors' licences for certain antique firearms

      (1)       This clause applies to firearms that, on the commencement of this clause, become subject to this Act (having previously been exempted from this Act as antique firearms under the regulations).

      (2)       A person who has possession of unregistered firearms to which this clause applies during the period of six months from the commencement of this clause is to be taken not to have committed an offence against this Act for possession of the firearms provided that, during that period—

      (a)       the person obtains registration of the firearms and, if required, a collector's licence; or

      (b)      the person disposes of the firearms (which the person is hereby authorised to do).

      (3)       No fee is payable in respect of an application made by a person referred to in subclause (2) during the period of six months from the commencement of this clause for registration of a firearm to which this clause applies.

      (4)       An application for a collector's licence made by a person referred to in subclause (2) during the period of six months from the commencement of this clause is not to be refused on the ground that he or she is not an active member of a collectors' club provided that he or she is a member of such a club.

D. A. BRIDGES, 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 of the House of Assembly be agreed to.

_____________________

 

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

 

 

 

 

Message No. 6

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

House of Assembly, 24 September 2003.                                           I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a second time.

                 On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.

 

Summary Offences
(Offensive
Weapons)

Amendment Bill.

 

32.

The President made the following Statement:

                 Since the early days of our Legislature, rulings have been given by successive Presiding Officers of both Houses to the effect that Bills and Motions dealing with Crown Lands should be introduced by the Government.

                 In 1884, in the debate on the Working Men’s Holdings Bill, the Speaker ruled that the Billl must be laid aside, his remarks including -

“There are two fundamental objections to the Bill as introduced, either of which is fatal … It is contrary to precedent and constitutional usage.  Up to 1874 it had been a regular practice to regard Crown Lands Bills as Money Bills … Since that date this practice and custom has been allowed to fall into disuse, but such Bills have invariably originated in the House of Assembly … It is, therefore, contrary to the uniform practice of this Parliament that a bill dealing with Crown Lands of the Province should originate in the Legislative Council …  This Bill should therefore have been introduced in this House, and properly, if at all, by the Government.  If a Private Member desires legislation in the direction contemplated by this Bill, his proper and constitutional course would be to move resolutions affirming the principle and addressing the Governor, praying His Excellency to recommend the House make provision by bill to give effect to the Resolutions … It will be observed that this does not take away the right of a Private Member to initiate legislation, but only prescribes the mode.”

                 In 1891 in connection with the Parklands Resumption Bill, the President endorsed the principle of the above ruling in relation to any bill dealing with the public estate, viz: “That such a Bill must be a Government measure and failing this must be laid aside”.

                 In 1902 in the Crown Lands Act Amendment the President, in his ruling, stated -

“I find that the practice of Parliament is undoubtedly opposed to the introduction of any Crown Land legislation by a Private Member and the argument is the stronger when the question of the revenue from Crown Lands is involved.  This should be in principle a matter of Government policy, inasmuch as the question of revenue may be materially affected by a facility being afforded to Private Members to alter that revenue by any alteration to the rents derived from such lands … I wish to point out … that the Constitutional course … to adopt, is to move a Resolution affirming the principle and leaving the Government to make provision, by Bill, to give effect to the Resolution.”

                 In 1980 in the Pitjantjatjara Land Rights Bill, the President ruled that the Bill must be laid aside “as this is a Bill dealing with the public estate, seeking to alienate Crown Lands, it is contrary to the practice of the Parliament.  Such a Bill should not be introduced by a Private Member, but must be a Government measure”.

                 The clearest statement of the reasoning behind the above rulings appears to be Mr. Speaker’s concise comment in the 1884 ruling that Crown Lands Bills were regarded as Money Bills.  The Constitutional history of South Australia shows that controversy over the power to legislate locally in relation to Crown Lands was a major issue in the establishment of a representative responsible Government.

                 It is clear that power to pass Crown Lands laws locally was granted by the Imperial Parliament as part of an arrangement whereby, in return, the administration of Government was funded from the local revenues.  The arrangement, embodied in the Constitution, made appropriation of such revenue a matter for the Government, in that Appropriation legislation (i.e. Money Bills) had to be recommended to the House of Assembly by the Governor.  No such Constitutional provision required a Governor’s Message as a prerequisite for Crown Lands legislation, but (being the converse of Money Bills in the arrangement) Crown Lands Bills were regarded as similar to Money Bills and the practice was adopted of treating them in the same way.

President’s
Statement -
Crown Lands
(Freeholding)
Amendment Bill.

 

 

 

                 Accordingly, I rule that in adhering to the established procedure of the Parliament of South Australia, the Crown Lands (Freeholding) Amendment Bill be laid aside.

 

Bill laid aside.

 

33.

Ordered - That Notice of Motion (Private Business) No. 19 be an Order of the Day for Wednesday, 15 October 2003.

 

Postponement
of Business.

 

34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That the Report of the Statutory Authorities Review Committee on the Management of the West Terrace Cemetery by the Adelaide Cemeteries Authority be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory Authorities
Review Committee -
Report  on the
Management
of the
West Terrace
Cemetery by the
Adelaide Cemeteries
Authority
be noted -
Motion re.

 

 

35.

Ordered - That Order of the Day (Private Business) No. 2 be an Order of the Day for Wednesday, 15 October 2003.

 

Postponement
of Business.

 

36.

On the Order of the Day being read for the adjourned debate on the question - That the Children’s Protection (Manadatory Reporting) Amendment Bill be now read a second time:

                 Debate resumed.

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

 

Children’s
Protection
(Mandatory
Reporting)
Amendment Bill.

 

37.

Ordered - That Order of the Day (Private Business) No. 4 be an Order of the Day for Wednesday, 15 October 2003.

 

Postponement
of Business.

 

38.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford -

               I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon the operation of the Mount Gambier Health Service since July 2002 and, in particular, the following issues -

(a)     the negotiation of the contracts with resident specialist doctors;

(b)    the actions of the Chief Executive officer of the Hospital in dealing with medical specialists;

(c)     the impact of Mount Gambier Hospital on financial cuts to other hospitals within the region in the years 2002-2003 and 2003-2004;

(d)    the involvement and actions of the Department of Human Services in the management of these issues;

(e)     the selection process and appointment of Mr. McNeil as Chief Executive Officer of the Hospital;

(f)     the impact on health services in the Mount Gambier region of these issues; and

(g)    any other matter.

             II.      That the Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

            III.      That this Council permits the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council.

            IV.      That Standing Order No. 396 be suspended as to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.:

                 Debate resumed.

                 The Hon. D. W. Ridgway moved to amend the motion in paragraph II by leaving out “That the Committee consist of six Members and that the Quorum of Members necessary to be present at all meetings of the Committee be fixed at four and”.

                 On motion of the Minister for Agriculture, Food and Fisheries, the debate was adjourned until Wednesday, 15 October 2003.

 

Operation of the
Mount Gambier
Health Service -
Motion for Select
Committee on.

 

 

39.

Ordered - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 15 October 2003.

 

Postponement
of Business.

 

40.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

 

41.

Council adjourned at eight minutes to eleven o’clock until tomorrow at fifteen minutes past two o’clock.

_________________________

 

Adjournment.

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. 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