[SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  FEBRUARY  1998

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Hon. A. J. Redford brought up the Fifth Report, 1997-98 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Fifth Report

1997-98.

 

   3.

The Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) concerning Housing Reforms.

 

Paper

Tabled.

   4.

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

 

Statements

on Matters

of Interest.

 

   5.

On the Business of the Day being called on, the Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Report of the Auditor-General, 1996-97 be noted.

                 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.

   6.

The Treasurer moved - That the Standing Orders be so far suspended as to enable him to move that the Report of the Auditor-General, 1996-97 be noted:

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday,
18 March 1998.

 

Report of the

Auditor-General,

1996-97,

to be noted -

Motion re.

   7.

Ordered - That Notice of Motion (Private Business) No. 1, Orders of the Day (Private Business) No. 1 to No. 15, Notice of Motion (Government Business) No. 1 and Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement

of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Mutual Recognition (South Australia) (Extension of Operation) 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. 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 Treasurer, 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.

 

Mutual

Recognition

(South Australia) (Extension of Operation)

Amendment Bill.

   9.

Ordered - That Notice of Motion (Private Business) No. 1 and Orders of the Day (Private Business) No. 1 to No. 10 be postponed and taken into consideration after Order of the Day (Private Business) No. 11.

 

Postponement

of Business.

10.

The Hon. C. A. Pickles, pursuant to notice, moved -

         I.      That a Select Committee of the Legislative Council be established on the Voluntary Euthanasia Bill 1997;

        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 thinks 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 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; and

        V.      That the Minutes of Proceedings and Evidence to the Legislative Council Select Committee on the Voluntary Euthanasia Bill 1997 be referred to the Select Committee.

          Debate ensued.

          On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday,
18 March 1998.

 

Voluntary

Euthanasia

Bill 1997 -

Motion for

Select

Committee on.

11.

Ordered - That Notice of Motion (Private Business) No. 1 and Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday, 18 March 1998.

 

Postponement

of Business.

12.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Dentists Act 1984.

                 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.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday,
18 March 1998.

 

Dentists (Dental Prosthetists) Amendment

Bill.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That this Council condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to waterfront reforms in Australia, in particular -

         I.      their support for current and past serving members of the Australian Defence Forces to participate in an ill-fated overseas strike breaking training exercise; and

        II.      their support for the conspiracy entered into between Patrick Stevedores and a National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria,

       and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations, as witnessed by the achievements at the Port of Adelaide, than by the use of the jackboot.

                   Debate resumed.

                   On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 18 March 1998.

 

Waterfront

Conflict -

Motion re.

14.

Ordered - That Orders of the Day (Private Business) No. 7 to No. 15, Notice of Motion (Government Business) No. 1 and Order of the Day (Government Business) No. 1 to No. 4 be postponed and taken into consideration after Order of the Day (Government Business) No. 5.

 

Postponement

of Business.

15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law (Forensic Procedures) Bill.

 

In the Committee

 

                          Postponed clause No. 37, as amended, agreed to.

                          Postponed clause No. 39 struck out.

                          New clause No. 39 inserted.

                          Postponed clause No. 40 struck out.

                          New clause No. 40 inserted.

                          Schedule No. 1 agreed to.

                          Schedule 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 with amendments.

                 Ordered - That the Bill be recommitted in respect of clause No. 15.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 15.

 

In the Committee

 

                          Clause No. 15 further considered, further amended and agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had further considered the Bill and had agreed to the same with further amendments; whereupon the Council adopted such reports.

                 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.

 

Criminal Law (Forensic

Procedures) Bill.

16.

At one minute 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.

 

17.

Ordered - separately - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 18 March 1998.

 

Postponement

of Business.

18.

Ordered - That Order of the Day (Private Business) No. 9 be postponed and taken into consideration on motion.

 

Postponement

of Business.

19.

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

         I.      Condemns the Federal Liberal Government for fostering a strike-breaking mercenary group of current and former serving members of the Australian Defence Force to undertake an overseas training programme designed to allow those persons to scab on members of the Maritime Union of Australia, who may, in the future, be engaged in industrial action to defend not only themselves, but organised labour in general; and

        II.      Calls on the Federal Liberal Government to immediately recall all current serving members of the Defence Force involved in this programme:

         Debate resumed.

         On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday,
18 March 1998.

 

Australian Defence Force Personnel

Involvement

in Maritime

Training

Programme -

Motion re.

 

20.

Ordered - That Order of the Day (Private Business) No. 9 be taken into consideration forthwith.

        The Hon. S. M. Kanck, according to order, moved - That the Regulations under the Motor Vehicles Act 1959, concerning Trade Plates, made on 13 November 1997 and laid on the Table of this Council on 2 December 1997, be disallowed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday,
18 March 1998.

 

Motor Vehicles

Act 1959 -

Regulations -

Trade Plates -

Motion for disallowance of.

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 12 and No. 13 be Orders of the Day for Wednesday, 18 March 1998.

 

Postponement

of Business.

22.

Ordered - That Order of the Day (Private Business) No. 14 be postponed and taken into consideration on motion.

 

Postponement

of Business.

23.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 18 March 1998.

 

Postponement

of Business.

24.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That the Environment, Resources and Development Committee be required to investigate and report on the draft South Australian Rural Road Safety Strategy prepared by the South Australian Road Safety Consultative Council.

                 The Minister for Transport and Urban Planning, by leave, tabled a copy of the draft Rural Road Safety Action Plan for South Australia prepared by the South Australian Road Safety Consultative Council.

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

 

Draft South

Australian Rural

Road Safety

Strategy - Environment, Resources and Development Committee to investigate -

Motion re.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Address-in-Reply, as read, be adopted:

                 Debate resumed.

                 And the Treasurer having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Address-

in-Reply.

  26.

Ordered - That the adjourned debate on the question - That the Parliamentary Committees (Membership of Social Development Committee) Amendment Bill be now read a second
time - be now resumed.

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

THURSDAY 26 FEBRUARY 1998

_____________________

 

                 Question put.

Parliamentary Committees (Membership of

Social Development Committee) Amendment Bill.

 

 

Ayes, 7.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. C. Zollo

The Hon. N. Xenophon (Teller)

 

  Noes, 10.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

        So it passed in the negative.

 

 

27.

The Treasurer, according to order, moved - That the Children’s Services (Child Care) Amendment Bill be now read a second time.

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

 

Children’s  Services

(Child Care) Amendment Bill.

 

28.

The Minister for Transport and Urban Planning, according to order, moved - That the Pastoral Land Management and Conservation (Board Procedures, Rent, etc.) Amendment Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Pastoral Land Management and Conservation

(Board Procedures, Rent, etc. ) Amendment Bill.

 

29.

Ordered - That the remaining Orders of the Day be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

30.

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

Message No. 32

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Aboriginal Lands Trust Act 1966, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 February 1998.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Minister for Transport and Urban Planning then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Messages from

House of

Assembly:

Aboriginal

Lands Trust

(Native Title)

Amendment

Bill.

 

 

Message No. 33

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Workers Rehabilitation and Compensation Act 1986; and to make a consequential amendment to the WorkCover Corporation Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 24 February 1998.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 The Treasurer then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Workers

Rehabilitation and Compensation

(Self Managed Employer Scheme) Amendment Bill.

31.

Council adjourned at eleven minutes to one o’clock a.m. until today, at fifteen minutes past two o’clock.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo