[SOUTH AUSTRALIA]

No. 31

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  25  MARCH  1999

 

 

 

   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 Treasurer (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.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Residential Tenancies Act 1995 and to make related amendments to the Landlord and Tenant Act 1936 and the Retail and Commercial Leases Act 1995.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Residential Tenancies (Miscellaneous) Amendment

Bill.

   4.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919; the Bail Act 1985; the Children’s Protection Act 1993; the Correctional Services Act 1982, the Crimes at Sea Act 1998, the Criminal Law (Sentencing) Act 1988, the District Court Act 1991, the Magistrates Court Act 1991, the Statutes Amendment (Fine Enforcement) Act 1998, the Statutes Amendment (Sentencing - Miscellaneous) Act 1999, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Young Offenders Act 1993 and the Youth Court Act 1993; and to repeal the Appeal Costs Fund Act 1979.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Statutes

Amendment and Repeal (Justice Portfolio) Bill.

   5.

The Attorney-General, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Trustee Act 1936 and the Trustee Companies Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

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

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

 

Statutes

Amendment

(Trusts) Bill.

   6.

The Minister for Transport and Urban Planing, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the City of Adelaide Act 1998 and to repeal the Rundle Street Mall Act 1975.

                 Question put and passed.

                 Bill introduced and 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

City of Adelaide (Rundle Mall) Amendment

Bill.

   7.

The Minister for Transport and Urban Planing, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to establish as a law of South Australia a Code making provision for the regulation of third party access to railway infrastructure services in relation to the AustralAsia Railway; and for other purposes.

                 Question put and passed.

                 Bill introduced and 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

AustralAsia

Railway (Third

Party Access) Bill.

   8.

The Minister for Transport and Urban Planing, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961; and to make related amendments to the City of Adelaide Act 1998 and the Local Government Act 1934.

                 Question put and passed.

                 Bill introduced and 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Road Traffic

(Road Rules) Amendment

Bill.

   9.

The Minister for Transport and Urban Planing, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959 and to make related amendments to the Expiation of Offences Act 1996 and the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Motor Vehicles (Miscellaneous) Amendment

Bill.

10.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement

of Business.

  11.

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

 

In the Committee

 

                          Clause No. 3 further considered.

                 The Hon. P. Holloway moved on page 3, after line 9, to insert the following:

                                           “(3) For the purposes of this Act, nursing practice means nursing care provided to an individual or a defined group within the community in order to assist the person or group to reach or maintain a particular goal associated with their health or wellbeing.

                                           (4) A person may provide nursing care by observing, assisting, reporting, monitoring, diagnosing, planning, evaluating or intervening in relation to the health care of an individual or group and nursing care may include undertaking an associated responsibility for education, research or management.

                                           (5) Subsections (3) and (4) operate subject to any determination of the Board as to the scope of nursing practice for the purposes of this Act.”

                 Question - That the amendment be agreed to - put.

             Committee divided:

Nurses Bill.

 

Ayes, 5.  

The Hon. T. Crothers

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

  Noes, 12.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. D. V. Laidlaw (Teller)

 

 

        So it passed in the negative.

                          Clause No. 3, as amended and otherwise amended, agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. P. Holloway moved on page 4, line 17, to leave out “person with nursing qualifications” and insert “nurse registered or enrolled under this Act”.

                 The Hon. S. M. Kanck moved on page 4, line 17, after “qualifications” to insert “who has some time during his or her career practised as a nurse in a hospital for at least three years,”

                 Question - That the words proposed to be struck out by the Hon. P. Holloway, stand as printed - put.

            Committee divided:

 

 

Ayes, 12.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. D. V. Laidlaw (Teller)

Noes, 5.

The Hon. T. Crothers

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

 

        So it was resolved in the affirmative.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 The Hon. P. Holloway moved on page 4, line 20, to leave out paragraph (c).

                 Question - That the amendment be agreed to - put.

            Committee divided:

 

 

Ayes, 6.

The Hon. T. Crothers

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

Noes, 11.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. D. V. Laidlaw (Teller)

 

 

        So it passed in the negative.

                 The Hon. S. M. Kanck moved on page 4, lines 22 and 23, to leave out paragraph (e) and insert the following:

                          (e)  three must be persons, nominated by the Minister, who do not hold nursing, midwifery, medical or legal qualifications and who are considered by the Minister to be appropriate persons to represent the interests of consumers.”

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

 

 

                 The Hon. S. M. Kanck moved on page 4, after line 23, to insert new subclauses as follows:

                          “(1a)  At least one member of the Board must be a registered nurse and at least one member of the Board must be an enrolled nurse.

                           (1b)  At least two members of the Board must be registered in a special practice area and of these at least one must be a midwife.”

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

                          Clause No. 5, as amended and otherwise amended, agreed to.

                          Clause No. 6 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.

 

 

12.

At eight minutes past 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.

 

13.

The Clerk announced that the following Petitions had been lodged for presentation:

                 By The Hon. J.S.L. Dawkins, from 28 residents of South Australia, the Hon. I. Gilfillan from 1 resident of South Australia and the Hon. S. M. Kanck from 1,784 residents of South Australia concerning Native Title Rights for Indigenous South Australians and praying that the Council does not proceed with legislation that -

1.       Undermines or impairs the Native Title rights of indigenous South Australians; and

2.       Makes changes to Native Title unless there has been a genuine consultation process with all stakeholders, especially South Australia’s indigenous communities.

 

Petition

Nos. 7, 8 and 9 -

Native Title Rights for Indigenous

South Australians.

14.

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

        By the Treasurer (The Hon. R. I. Lucas) -

                 Regulation under the following Act -

                          Education Act 1972 - Materials and Services Charges.

         By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Reports, 1997-1998 -

                          Chiropody Board of South Australia.

                          Food Act.

                 National Rail Agreement - Third Amending Agreement.

 

Papers.

15.

The Treasurer, while making a Ministerial Statement, tabled a copy of a Summary of Project Agreements between National Power and the State of South Australia concerning Pelican Point Power Station.

 

Paper Tabled.

16.

The Minister for Transport and Urban Planning 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.

17.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning Linking Safety, Productivity and Competitiveness.

 

Paper Tabled.

18.

The Minister for Transport and Urban Planning, tabled a copy of a Ministerial Statement made by the Minister for the Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning the State Water Plan Update.

 

Paper Tabled.

  19.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

  20.

The Council, according to order, resolved itself into a Committee of the whole for the further consideration of the Electricity Corporations (Restructuring and Disposal) Bill.

 

In the Committee

 

                          Clause No. 2 - which the Treasurer had moved to amend on page 1, lines 17 and 18, by leaving out the clause and inserting new clause as follows:

                          “Commencement

                                       2.  (1)  This Act (other than section 11A and Parts 2, 3 and 4 of Schedule 1B) will come into operation on a day to be fixed by proclamation.

                                       (2)  Section 11A comes into operation on the day on which this Act is assented to by the Governor.

                                       (3)  Parts 2, 3 and 4 of Schedule 1B will come into operation in accordance with provisions contained in that Schedule.”- further considered.

                 Amendment, by leave, withdrawn.

                          Clauses No. 2 to No. 10 postponed until after Clause No. 11.

                          Clause No. 11 read.

                 Question - That Clause No. 11 stand as printed - put.

            Committee divided:

Electricity Corporations (Restructuring

and Disposal) Bill.

 

 

Ayes, 10.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

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)

  Noes, 11.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

        So it passed in the negative.

                          Clause No. 11 struck out.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

 

 

21.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 10 and No. 12 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

22.

Ordered - separately - That Orders of the Day (Government Business) No. 13 to No. 15 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

23.

Ordered - That Order of the Day (Government Business) No. 16 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

24.

Ordered - That Order of the Day (Government Business) No. 17 be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Soil Conservation and Land Care (Appeal Tribunal) 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. 5 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.

 

Soil Conservation and Land Care (Appeal Tribunal) Amendment Bill.

26.

At one minute 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.

 

27.

Ordered - That the adjourned debate on the question - That the Supply 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.

                          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.

 

Supply Bill.

28.

Ordered - That Orders of the Day (Government Business) No. 19 to No. 22 be postponed and taken into consideration after Order of the Day (Government Business) No. 23.

 

Postponement

of Business.

 

29.

On the Order of the Day being read for the adjourned debate on the question - That the Year 2000 Information Disclosure 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. 15 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.

 

Year 2000 Information Disclosure Bill.

30.

Ordered - That the adjourned debate on the question - That the Trans-Tasman Mutual Recognition (South Australia) 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. 6 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.

 

Trans-Tasman Mutual

Recognition (South Australia) Bill.

  31.

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

 

In the Committee

 

                          Clause No. 6 further considered and agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 21 agreed to.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 read.

                 The Minister for Transport and Urban Planning moved on page 13, line 22, after “on” to insert “an appropriate part of”, on page 13, lines 29 and 30, to leave out “in the field of nursing” and insert “as a nurse” and on page 13, after line 30, to insert new subclauses as follows:

                          “(3) However, unless subsection (4) applies, only a nurse registered in a special practice area may practise in that area without supervision.

                           (4) The Board may, on conditions determined by the Board, authorise a registered nurse to practise without supervision in a special practice area in which the person is not registered.

                           (5) The Board may, as it thinks fit, by written notice to a nurse who holds an authorisation under subsection (4)—

                          (a)    vary conditions that apply under that subsection;

                          (b)    revoke an authorisation under that subsection.”

                 The Hon. S. M. Kanck moved on page 13, lines 21 to 30, to leave out the clause and insert new clause as follows:

                Registration

                          23.  (1)  Subject to this Act, a person is eligible for registration on an appropriate part of the register under this Act if the person—

                          (a)    has qualifications approved or recognised by the Board for the purposes of registration under this Act; and

                          (b)    has met the requirements determined by the Board to be necessary for the purposes of registration under this Act; and

                          (c)   is a fit and proper person to be registered under this Act.

Nurses Bill.

 

                          (2)  Subject to this Act, registration on the general nurses register authorises the person (a general nurse)—

                          (a)    to practise in all fields of nursing, other than in a special practice area, without supervision; and

                          (b)    to practise in a special practice area under the supervision of a nurse or midwife who is registered in the particular area.

                          (3)  Subject to this Act, registration on the midwives register authorises the person (a midwife) to practise midwifery without supervision.

                          (4)  Subject to this Act, registration on the mental health nurses register authorises the person (a mental health nurse) to practise in the field of mental health nursing without supervision.

                          (5)  Subject to this Act, registration on another part of the register authorises the person to practice in the relevant special practice area without supervision.

                          (6)  The Board may, on conditions determined by the Board—

                          (a)    authorise a general nurse to practise in a special practice area without supervision;

                          (b)    authorise a person who is registered in a special practice area to practise in another field of nursing or, in the case of a person who is not a midwife, in the field of midwifery.

                          (7) The Board may, as it thinks fit, by written notice to a person who holds an authorisation under subsection (6)—

                          (a)    vary conditions that apply under that subsection;

                          (b)   revoke an authorisation under that subsection.”

                 Question - That all words down to and including “on” in line 22, stand as printed - put and passed.

                 Question - That the amendments moved by the Minister for Transport and Urban Planning be agreed to - put and passed.

                          Clause No. 23, as amended, agreed to.

                          Clause No. 24 read.

                 The Hon. P. Holloway moved on page 14, lines 10 to 21, to leave out subclauses (2), (3), (4) and (5) and insert new subclauses as follows:

                          “(2)  Subject to this Act, enrolment authorises the person (an enrolled nurse) to practise in all fields of nursing under the supervision of a registered nurse who is authorised by this Act to practise in the relevant field without supervision.

                          (3)  The Board may, in a special case, on application under this subsection, authorise an enrolled nurse to practise in a field of nursing on conditions determined by the Board without the supervision of a registered nurse.

                          (4)  However—

                          (a)    the Board must not give an authorisation under subsection (3) unless or until the Board has obtained the advice of a panel established under subsection (5); and

                          (b)    the Board must not give an authorisation under subsection (3) unless it is satisfied that it is not reasonably practicable for the enrolled nurse to be supervised in the circumstances of the particular case; and

                          (c)    the Board must not give an authorisation under subsection (3) so as to allow an enrolled nurse to practise nursing without the supervision of a registered nurse in—

                                    (i)      a hospital; or

                                    (ii)     a residential aged care facility that offers high-level care to residents; or

                                    (iii)    a residential aged care facility that offers low-level care to residents located on the same site as a hospital or a facility that offers high-level care.

                          (5)  The Board must establish a panel constituted of the following persons to consider any application under subsection (3):

                          (a)    two persons selected by the Board; and

                          (b)    a person nominated by the Australian Nursing Federation (SA Branch); and

                          (c)    a person nominated by the National Enrolled Nurses Association (SA Branch).

                          (6)  The Board and the panel must, in considering an application under subsection (3), primarily take into account the following matters (and may take into account other matters):

                          (a)    the grounds on which the application is made; and

                          (b)    the public interest in ensuring the safe delivery of nursing care; and

                          (c)   the qualifications, experience and competency of the particular applicant.

 

 

                          (7)  An application under subsection (3) must—

                          (a)    be supported by a report (in a form determined or approved by the Board) from a registered nurse who has been responsible for the supervision of the applicant at some time within the preceding period of 12 months (or such longer period as may be approved by the Board in a particular case);

                          (b)    comply with any other requirement determined by the Board.

 

 

                          (8)  If the Board determines that it is appropriate to grant an authorisation under subsection (3), the Board must specify the tasks that may be performed under the authorisation and attach conditions that specifically provide for—

                          (a)    restrictions on the ability of the enrolled nurse to practise autonomously; and

                          (b)    restrictions on the ability of the enrolled nurse to practise in special practice areas; and

                          (c)    at least an annual review of the authorisation and the conditions attaching to the authorisation.

                          (9)  The Board may—

                          (a)    attach other conditions that will apply to an authorisation under subsection (3); and

                          (b)    by written notice to an enrolled nurse, vary conditions that apply to an authorisation under subsection (3) (subject to the operation of subsection (8)).

                          (10)  The Board may, by written notice to an enrolled nurse, revoke an authorisation under subsection (3).

                          (11)  The Board must not give an authorisation under subsection (3) until at least six months have elapsed from the commencement of that subsection.

                          (12 ) The Board must, during the period of six months from the commencement of subsection (3), consult with the Australian Nursing Federation (SA Branch) on the implementation and operation of that subsection.”

                 The Hon. S. M. Kanck moved on page 14, lines 10 to 21, to leave out subclauses (2), (3), (4) and (5) and insert new subclauses as follows:

                          “(2)  Subject to this Act, enrolment authorises the person (an enrolled nurse) to practise in all fields of nursing or in the field of midwifery under the supervision of a registered nurse or midwife (as appropriate) who is authorised by this Act to practise in the relevant field without supervision.

                          (3)  The Board may, on conditions determined by the Board, authorise an enrolled nurse to practise in a field or fields of nursing or in the field of midwifery without the supervision of an appropriately qualified registered nurse or midwife (or without the supervision of a registered nurse or midwife at all).

                          (4)  However—

                          (a)    the Board must not give an authorisation under subsection (3) unless or until the Board has obtained the advice of a panel of experts appointed by the Board; and

                          (b)    the Board must, in determining whether to give an authorisation under subsection (3), consider—

                                    (i)      issues associated with public access to nursing care or midwifery (as the case may be); and

                                    (ii)     the public interest in ensuring that appropriate standards of nursing care or midwifery (as the case may be) are maintained; and

                                    (iii)    the qualifications, experience and competency of the particular person; and

                          (c)    the Board must not give an authorisation in prescribed circumstances.

                          (5)  If the Board is considering an application for an authorisation to practise in a special practice area without supervision, the panel of experts under subsection (4)(a) must include a person who is registered in the particular area.

                          (6)  The Board may, as it thinks fit, by written notice to an enrolled nurse who holds an authorisation under subsection (3)—

                          (a)    vary conditions that apply under that subsection;

                          (b)           revoke an authorisation under that subsection.

 

 

                          (6)  An employer must not exert undue influence on an employee to apply for an authorisation under subsection (3).

                  Maximum penalty:     $5 000.

                          (7)  The Board must not give an authorisation under subsection (3) until at least six months have elapsed from the commencement of that subsection.

                          (8)  The Board must, during the period of six months from the commencement of subsection (3), consult with the Australian Nursing Federation (SA Branch) and the Royal College of Nursing, Australia (SA Branch) on the implementation and operation of that subsection.”

                 The Minister for Transport and Urban Planning moved on page 14, lines 10 to 21, to leave out subclauses (2), (3), (4) and (5) and insert new subclauses as follows:

                          “(2)  Subject to this Act, enrolment as a nurse authorises the enrolled nurse to practise in all fields of nursing under the supervision of a registered nurse who is authorised under this Act to practise in the relevant field without supervision.

                           (3)  The Board may, on conditions determined by the Board, authorise an enrolled nurse to practise in a field or fields of nursing without the supervision of an appropriately qualified registered nurse (or without the supervision of a registered nurse at all).

                          (4)  However—

                          (a)    the Board must not give an authorisation under subsection (3) unless or until the Board has obtained the advice of a panel established by the Board under subsection (5); and

                          (b)    the Board must, in determining whether to give an authorisation under subsection (3), consider—

                                    (i)      issues associated with public access to nursing care; and

                                    (ii)     the public interest in ensuring that appropriate standards of nursing care are maintained; and

                                    (iii)    the qualifications, experience and competency of the particular person.

                          (5)  The Board must establish an expert advisory panel to consider any application under subsection (3).

                          (6)  The panel must include—

                          (a)    at least one person nominated by the Australian Nursing Federation (SA Branch); and

                          (b)    at least one person nominated by the Royal College of Nursing, Australia (SA Branch).

                          (7)  The Board may, as it thinks fit, by written notice to an enrolled nurse who holds an authorisation under subsection (3)—

                          (a)    vary conditions that apply under that subsection;

                          (b)    revoke an authorisation under that subsection.

                          (8)  The Board must not give an authorisation under subsection (3) until at least six months have elapsed from the commencement of that subsection.

                          (9)  The Board must, during the period of six months from the commencement of subsection (3), consult with the Australian Nursing Federation (SA Branch) and the Royal College of Nursing, Australia (SA Branch) on the implementation and operation of that subsection.”

                 Question - That subclauses (2), (3), (4) and (5), as proposed to be struck out by the Hon. P. Holloway, the Hon. S. M. Kanck and the Minister for Transport and Urban Planning, stand as printed - put and negatived.

                 Question - That new subclauses No. (2) to (12), as proposed to be inserted by the Hon.
P. Holloway, be so inserted - put and negatived.

                 Question - That new subclauses No. (2) to (9), as proposed to be inserted by the Hon.
S. M. Kanck, be so inserted - put and negatived.

                 Question - That new subclauses No. (2) to (9), as proposed to be inserted by the Minister for Transport and Urban Planning, be so inserted - put and passed.

                          Clause No. 24, as amended, agreed to.

                          Clauses No. 25 to No. 32 agreed to.

                          Clause No. 33 amended and agreed to.

                          Clauses No. 34 to 38 agreed to.

                          Clause No. 39 read.

 

 

                 The Hon. P. Holloway moved on page 19, line 4, to leave out ‘or “psychiatric nurse”’.

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

                 The Hon. P. Holloway moved on page 19, line 6, to leave out ‘or “psychiatric nurse”’.

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

                 The Hon. P. Holloway moved on page 19, line 7, to leave out ‘or “psychiatric nurse”’.

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

                          Clause No. 39 otherwise amended and agreed to.

 

 

                 The Hon. P. Holloway moved on page 19, after line 11, to insert new clause as follows:

                           Approval of certain arrangements

                                             39A. (1) The Board may, on application under this section, in its absolute discretion, authorise a person to employ or engage a person or persons who are not registered or enrolled under this Act to provide nursing care.

                                             (2)  It will be a condition of an authorisation under subsection (1) that a person who provides nursing care under the authorisation will do so under the supervision of a registered nurse.

                                             (3)  The Board may, in granting an authorisation under subsection (1)—

                                    (a)    grant any associated authorisation in connection with the operation of section 39;

                                             (b)           impose other conditions on which the authorisation is granted.

                                    (4)  The Board may, as it thinks fit, by written notice to a person who holds an authorisation under this section—

                                    (a)    vary conditions that apply under this section;

                                    (b)    revoke an authorisation under this section.

                                             (5)  A person must not contravene or fail to comply with a condition imposed under this section.”

                 Question - That new clause No. 39A, as proposed to be inserted, be so inserted - put and negatived.

                          Clauses No. 40 to No. 45 agreed to.

                          Clause No. 46 amended and agreed to.

                          Clauses No. 47 to No. 62 agreed to.

                          Clause No. 63 amended and agreed to.

                          New clause No. 64 inserted.

                          Schedule amended and 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. 3.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the further consideration of clause No. 3.

 

In the Committee

 

                          Clause No. 3 reconsidered, 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 a further amendment; whereupon the Council adopted such reports.

                 The Minister for Transport and Urban Planning, 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.

 

 

  32.

Order - That the adjourned debate on the motion of the Attorney-General - That during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

Sessional Order -

Citizens’ Right

of Reply.

 

         I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

                        (a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded, and

                        (b)    requesting that his or her response be incorporated in to Hansard.

        II.      The President shall consider the submission as soon as practicable.

       III.      The President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

       IV.      In considering the submission, the President -

                        (a)     may confer with the person who made the submission,

                        (b)    may confer with any Member,

                        but

                        (c)     may not take any evidence,

                        (d)    may not judge the truth of any statement made in the Council or the submission.

        V.      If the President is of the opinion that -

                        (a)     the submission is trivial, frivolous, vexatious or offensive in character, or

                        (b)    the submission is not made in good faith, or

                        (c)     there is some other good reason not to grant the request to incorporate a response into Hansard,

                        the President shall refuse the request and inform the person who made it of that decision.  The President shall not be obliged to inform any person or the Council of the reasons for that decision.

       VI.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the opinion of the President the response in terms agreed between the President and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

     VII.      A response -

                        (a)     must be succinct and strictly relevant to the question in issue,

                        (b)    must not contain anything offensive in character,

                        (c)     must not contain any matter the publication of which would have the effect of -

      (i)      unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)      unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)      unreasonably aggravating any situation or circumstance,

                                 and

                        (d)    must not contain any matter the publication of which might prejudice -

      (i)      the investigation of any alleged criminal offence,

     (ii)      the fair trial of any current or pending criminal proceedings, or

    (iii)      any civil proceedings in any court or tribunal.

    VIII.      In this resolution “person” includes a corporation of any type and an unincorporated association - be now resumed.

                 Question put and passed.

 

 

33.

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

Message No. 53

                 MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 March 1999.                                                               J.K.G. OSWALD, Speaker.

                 The Attorney-General moved - That in view of the decision of the House of Assembly to treat the Council’s suggested amendments in the Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill as substantive ones, the Council confirms its suggested amendments as amendments.

                 Debate ensued.

                 Question put and passed.

Messages from House of

Assembly:

Second-hand

Vehicle Dealers (Compensation Fund)

Amendment Bill.

 

 

Message No. 54

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Evidence Act 1929, without any amendment.

House of Assembly, 25 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Evidence

(Confidential

Communications)

Amendment Bill.

 

Message No. 55

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Evidence Act 1929, 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, 25 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Evidence

(Miscellaneous)

Amendment Bill.

 

Schedule of the amendments made by the House of Assembly.

No. 1.       Clause 5, page 2, lines 17 to 26 - Leave out subsections (4) and (5) and insert:

(4)  If unsworn evidence is given under this section in a trial by jury, the judge -

(a)    must explain to the jury the reason the evidence is unsworn; and

(b)    may, and if a party so requests must, warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.

No. 2.       Clause 9, page 3, lines 13 to 16 - Leave out subsection (1a) and insert:

(1a)  A person may only act as an interpreter -

(a)    if the person takes an oath or makes an affirmation to interpret accurately; and

(b)    in a case where a party to the proceeding disputes the person’s ability or impartiality as an interpreter, if the judge is satisfied as to the person’s ability and impartiality.

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 agreed to.

_____________________

 

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

 

 

34.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 3 be postponed and taken to consideration after Order of the Day (Private Business) No. 4.

 

Postponement

of Business.

35.

The Hon. A. J. Redford, according to order, moved - That the Constitution (Citizenship) Amendment Bill be now read a second time.

                 On a Point of Order being raised as to whether the Bill came within Section 8 of the Constitution Act 1934 and the application of Standing Order No. 279 of the Council, the President made the following statement:

‘This Bill does not bear the Clerk of the House of Assembly’s Certificate.  The question is - Does this Bill make an alteration in the constitution of the Legislative Council or House of Assembly?

This Bill seeks to render a person incapable of being chosen or of sitting as a Member of the Legislative Council or the House of Assembly if the person is a subject or citizen of a foreign state or power; or is under an acknowledgment of allegiance to a foreign state or power.

The following precedents have been established in this Council -

Constitution (Citizenship) Amendment

Bill.

 

(a)     The Affirmations Bill in 1896 was ruled as one altering the constitution of Parliament in that the two Houses were in future to be constituted of Members who have not sworn the Oath of Allegiance or who were not in 1856 permitted by law to affirm and have affirmed.

 (b)    The Constitution Amendment Bill in 1894, which gave women the right to vote, was required to be passed by an absolute majority of the whole number of Members of the Legislative Council and the House of Assembly respectively.  (This Bill contained a clause which stated “Women not to be entitled to sit in Parliament” which was defeated.)

(c)     In 1959 an amendment was made to the Constitution Act requiring an absolute majority as it made express provision that women were not disqualified by reason of “sex or marriage from being elected to, or sitting or voting as a Member of, either House of the State Parliament”.

The High Court of Australia had construed the expression “constitution of a legislature” as it appeared in the Colonial Laws Validity Act 1865 as being synonymous with its “composition, form or nature”.

In Clydesdale v Hughes 1934, the validity of the WA Constitution Acts Amendment Act of 1933 was questioned.  This Act was enacted to resolve the situation where a Member of the WA Upper House had taken his seat in the House whilst a member of the Lotteries Commission.  In the meantime, the Constitution Act Amendment Act 1933 was passed enacting that no disability, disqualification or penalty should be incurred by a person then both a Member of Parliament and a member of the Lotteries Commission by reason of having accepted or continuing to hold the office of a member of the Commission.  The second and third readings of the Bill did have the required absolute majorities of the Members of the respective Houses of Parliament.  However, it was submitted that the Bill lost its identity because of amendments in the Legislative Council and it therefore needed a new introduction into the Assembly and another passage at its second and third readings by an absolute majority.  The High Court held that the requirements of section 73 of the Constitution Act were complied with and the legislation did not effect a change in the constitution of the Legislative Council.

In WA v Wilsmore 1982, a person being detained in custody after a charge of murder, alleged that section 7 of the new Electoral Act Amendment Act disqualified him from being enrolled as an elector or if enrolled, from having a vote at any election whilst detained in custody.  Wilsmore alleged that section 7 of the amending Act is a provision that purports to affect a change in the constitution of the Legislative Council and of the Legislative Assembly within the meaning of section 73 of the Western Australian Constitution Act and that since the third reading of the Bill was passed in the Legislative Assembly without the concurrence of an absolute majority of the whole number of Members for the time being of the Legislative Assembly, it was not lawful for the Bill to be presented to the Governor for Her Majesty’s assent.  Wilson J held -

“… It is therefore unnecessary for me to deal with the second principal issue in the case, namely, the meaning of the phrase “the constitution of the Legislative Council and the Legislative Assembly”.  Nevertheless, I would say this.  In my opinion, the judgment of this Court in Clydesdale v Hughes is clear authority, unless and until it is reversed or departed from by this Court, for the proposition that a law which merely changes the qualifications of members of the Legislative Council does not effect a change in the constitution of that body within the meaning of s.73 of the 1889 Act.  When such an authority has guided the law-making procedures of the Parliament for almost fifty years then any departure from it would require very serious consideration.”

The Bill before us, in my opinion, if based on earlier rulings of this Legislative Council, would be considered to be a Bill which alters the constitution of the Houses of Parliament.  However, because of the recent decisions of the High Court in relation to these two cases, I would have to rule that this legislation involving disqualification of persons from being considered as Members of Parliament, is now no longer considered to be that which falls within the purview of section 8 of the Constitution Act.

I therefore rule that this Bill does not require an absolute majority on the second or third reading.’

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 26 May 1999.

 

 

36.

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

Message No. 56

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to provide for the closure of the waste depot conducted by the Corporation of the City of Adelaide at Wingfield, without any amendment.

House of Assembly, 25 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Messages from House of

Assembly:

Wingfield Waste Depot Closure Bill.

 

 

Message No. 55

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Listening Devices Act 1972, 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, 25 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Listening Devices

Miscellaneous) Amendment Bill.

 

 

Schedule of the amendments made by the House of Assembly.

No. 1.       Clause 7, page 4, line 6 - Leave out “sections are substituted” and insert “section is substituted”.

No. 2.       Clause 7, page 4, line 21 to page 6, line 22 (inclusive) - Leave out proposed new sections 5A to 5G (inclusive).

No. 3.       Clause 8, page 7, lines 5 to 11 - Leave out proposed subsection (4a).

No. 4.       Clause 8, page 7, lines 15 and 16 - Leave out proposed paragraph (a) and insert.

(a)  if the warrant is for the use of a listening device, the extent to which the privacy of a person would be likely to be interfered with by use of the listening device; and”

No. 5.       Clause 9, page 9, lines 19 to 21 - Leave out proposed paragraph (h).

No. 6.       Clause 9, page 10, lines 7 to 11 - Leave out proposed paragraph (h) and insert.

(h)  the applicant must, as soon as practicable after the issue of the warrant, forward to the judge an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.”

No. 7.       Clause 10, page 13, line 26 - Leave out “following paragraphs” and insert “following paragraph”.

No. 8.       Clause 10, page 13, lines 33 and 34 - Leave out proposed paragraph (d).

No. 9.       Clause 11, page 14, lines 5 to 10 - Leave out proposed subsection (1).

No. 10      Clause 13, page 17, line 13 to page 18, line 2 (inclusive) - Leave out this clause and insert:

                 “Amendment of s.8 - Possession, etc., of declared listening device

          13.  Section 8 of the principal Act is amended by striking out the penalty provision at the foot of subsection (2) and substituting the following penalty provision:
Maximum Penalty:   $10 000 or imprisonment for 2 years.”

No. 11.     Clause 14, page 18, lines 13 and 14 - Leave out “or tracking”.

No. 12.     Clause 15, page 19, lines 20 and 21 - Leave out proposed paragraph (c).

No. 13.     Page 20 (Schedule) - After line 11 insert the following statute law revision amendments:

Section 8(1)                Strike out “shall apply” and substitute “applies”.

 

Section 8(2)                Strike out “shall” and substitute “must”.

                                   Strike out “hereby”.

                                   Insert “or her” after “his”.

 

Section 8(3)                Strike out “of this section”.

 

Section 8(4)                Strike out “upon” and substitute “on”.

                                   Strike out “shall” and substitute “will”.

 

Section 8(5)                Strike out “shall be deemed” and substitute “will be taken”.

 

Section 8(6)                Strike out “Chief Executive Officer as defined in the Government Management and Employment Act 1985” and substitute “Chief Executive as defined in the Public Sector Management Act 1995”.

 

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

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

 

 

37.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be postponed and taken to consideration after Order of the Day (Private Business) No. 3.

 

Postponement

of Business.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Collections for Charitable Purposes (Definition of Charitable Purpose) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

FRIDAY 26 MARCH 1999

_____________________

 

                 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 Hon. 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.

 

Collections for Charitable Purposes (Definition of Charitable

Purposes) Amendment

Bill.

39.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 26 May 1999.

 

Postponement

of Business.

40.

Ordered - That Orders of the Day (Government Business) No. 19 to No. 22 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

41.

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

Message No. 58

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments No. 1 to No. 8 and No. 10 to No. 36 made by the Legislative Council in the Nurses Bill, without any amendment and has disagreed to Amendment No. 9 as indicated by the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 26 March 1999.                                                               J.K.G. OSWALD, Speaker.

 

Messages from House of

Assembly:

Nurses Bill.

 

 

Schedule of the amendment made by the Legislative Council

to which the House of Assembly has disagreed.

No. 9.     Page 4, line 24 (clause 5) - Leave out subclause (2) and insert new subclause as follows:

                         (2)  At least six members of the Board must be women and at least one member of the Board must be a man.

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 amendment be not insisted on.

_____________________

 

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

 

 

42.

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

 

Postponement

of Business.

 

43.

The Treasurer moved - That the Council, at its rising, do adjourn until Tuesday, 25 May 1999, at fifteen minutes past two o’clock.

                 Debate ensued.

                 Question put and passed.

 

Next Day

of Sitting.

44.

Council adjourned at fifteen minutes to one o’clock a.m. until Tuesday, 25 May 1999, 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