[SOUTH AUSTRALIA]

No. 11

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  25  NOVEMBER  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 following Papers were laid upon the Table, viz.:

        By the President (The Hon. J. C. Irwin) -

                 Auditor-General’s Supplementary Report, 1997-98 - Accounts of certain Public Authorities.

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

                 Reports, 1997-98 -

                          Chiropractors Board of South Australia.

                          Guardianship Board of South Australia.

                          Nurses Board of South Australia.

                          Pharmacy Board of South Australia.

                          Physiotherapists Board of South Australia.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Fourth Report, 1997-98 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulation listed hereunder is at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter and it is necessary for a Notice 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 consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Technical and Further Education Act 1975 - Principal Regulations.

 

Legislative

Review

Committee -

Ninth Report

1997-98.

 

   4.

The Hon. A. J. Redford brought up the Fifth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Fifth Report,

1998-99.

 

   5.

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

 

Legislative Review Committee -

Annual Report,

1997-98.

 

   6.

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 Woodleigh House at Modbury Hospital.

 

Paper Tabled.

   7.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services concerning a Review of South Australia’s Response to Meningococcal Disease 1998, together with a copy of the Reviewer’s Report.

 

Paper 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.

The President announced that His Excellency The Governor would be pleased to receive Honourable Members of the Council at fifteen minutes past four o’clock p.m. for the purpose of presenting the Address-in-Reply.

                 The President and Council then proceeded to Government House to present the Address-in-Reply to His Excellency The Governor.

                 And being returned.

                 The President resumed the Chair and reported that, accompanied by Honourable Members, he had been at Government House and had there presented to His Excellency the Governor the Address-in-Reply as adopted by the Council on this day, and that His Excellency had been pleased to reply as follows:

                 THE HONOURABLE THE PRESIDENT AND HONOURABLE MEMBERS OF THE LEGISLATIVE COUNCIL:

                 I thank you for the Address-in-Reply to the Speech with which I opened the Second Session of the Forty-Ninth Parliament.

                 I am confident that you will give your best attention to all matters placed before you.

                 I pray for God’s Blessing upon your deliberations.

Government House, Adelaide.

25 November 1998.                                                                                   ERIC NEALE, Governor.

 

Address in Reply:

Presentation.

10.

The Hon. N. Xenophon, pursuant to notice, moved - That the Education (Government School Closures and Amalgamations) 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 consideration of the Bill be an Order of the Day for Wednesday,
9 December 1998.

 

Education (Government

School Closures and Amalgamations) Amendment Bill.

11.

On the Order of the Day being read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended to Wednesday, 24 March 1999.

 

Select Committee

on the

Outsourcing of

State Government Services.

 

12.

Ordered - separately - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday, 9 December 1998.

 

Postponement

of Business.

13.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Firearms Act 1977.

                 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.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 9 December 1998.

 

Firearms (Miscellaneous) Amendment

Bill.

14.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

15.

Ordered - separately - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday, 9 December 1998.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon  -

         I.      That a Select Committee of the Legislative Council be appointed to inquire into and report on the feasibility of prohibiting Internet and Interactive Home Gambling and Gambling by any other means of Telecommunication in the State of South Australia and the likely enforcement regime to effect such a prohibition;

        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 thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council; and

       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.:

                 Debate resumed.

                 The Hon. C. Zollo moved to amend the motion in Paragraph I by leaving out the words “the feasibility of prohibiting” and by leaving out all words after “the State of South Australia” and inserting “and the desirability and feasibility of regulating or prohibiting such activities”.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday,
9 December 1998.

 

Internet Gambling -

Select Committee

on -

Motion re.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
N. Xenophon  -

         I.      That a Select Committee of the Legislative Council be appointed to inquire into and report on -

                        (a)     The activities of the Motor Accident Commission, its policies, financial affairs, Board composition and the incidence and management of claims against the Compulsory Third Party Fund;

                        (b)    The level of compensation payable to victims of road trauma in South Australia;

                        (c)     The current and future roles and responsibilities of the Motor Accident Commission in relation to road safety and injury reduction; and

                        (d)    Any other related 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 thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council; and

       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.:

           Debate resumed.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday,
9 December 1998.

 

Motor

Accident

Commission -

Select Committee

on -

Motion re.

18.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday,
9 December 1998.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the question - That the Gaming Machines (Freeze on Gaming Machines) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday,
9 December 1998.

 

Gaming

Machines

(Freeze on Gaming Machines) Amendment Bill.

20.

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.

 

21.

Ordered - separately - That Orders of the Day (Private Business) No. 12 to No. 14 be Orders of the Day for Wednesday, 9 December 1998.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That a Select Committee be established to inquire into and report upon Wild Dog Issues in the State of South Australia, specifically -

         I.      The method of raising funds for the maintenance of the Dog Fence with a view to making collection more equitable, i.e. -

                        (a)     whether any change in collection method is justified and, if so, what changes would be necessary to make collection more equitable; and

                        (b)    to recommend any consequential changes to the Dog Fence Act.

        II.      Issues associated with control of wild dogs inside the Dog Fence, i.e. -

                        (a)     to what extent wild dogs are causing problems inside the Dog Fence, particularly in parks such as the Ngarkat Conservation Park;

                        (b)    how those problems can or should be fairly addressed;

                        (c)     how the presence of wild dogs inside the Dog Fence affects the equity of Dog Fence payment collection; and

                        (d)    to recommend any consequential changes to the Dog Fence Act.

       III.      Describing and/or quantifying other significant benefits and costs associated with maintaining the Dog Fence, including but not limited to the effect of the Dog Fence upon other native species.

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

        V.      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.

       VI.      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.:

                 Debate resumed.

                 Question put and passed.

Wild Dog Issues

in South Australia - Establishment of Select Committee

on -

Motion re.

 

 

                 The Hon. I. Gilfillan moved - That the Select Committee consist of the Hon.
J.S.L. Dawkins, the Hon. P. Holloway, the Hon. A. J. Redford, the Hon. R. R. Roberts and the mover.

                 Question put and passed.

                 The Hon. I. Gilfillan moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday, 9 December 1998.

 

Select Committee

Appointed.

23.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 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.

 

Criminal Law Consolidation (Juries)

Amendment Bill.

24.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Supreme Court Act 1935.

                 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.

 

Supreme Court (Rules of Court) Amendment Bill.

25.

Ordered - That Notice of Motion (Government Business) No. 3 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

26.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable him to move that the Order made this day for the Citizens’ Right of Reply Bill to be an Order of the Day for Wednesday, 9 December 1998, be discharged and for the Order of the Day to be taken into consideration forthwith.

                 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.

 

 

 

                 The Treasurer then moved - That the Order made this day for the Citizens’ Right of Reply Bill to be an Order of the Day for Wednesday, 9 December 1998, be discharged and for the Order of the Day to be taken into consideration forthwith.

                 Question put and passed.

Order

Discharged.

 

 

                 Ordered - That the Order of the Day be postponed and taken into consideration on motion.

 

Postponement

of Business.

 

27.

The Treasurer, according to order, brought up the Report of the Select Committee on the Establishment of a Special Committee and the Holding of a Referendum on the Sale of ETSA and Optima Energy together with Minutes of Proceedings.

                 Ordered - That the Report be printed. (Paper No. 186)

 

Select Committee

on the

Establishment

of a Special Committee and

the Holding of a Referendum on

the Sale of ETSA

and Optima Energy - Report brought up.

 

28.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion without Notice.

                 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.

 

 

                 The Treasurer then moved - That the Report of the Select Committee on the Establishment of a Special Committee and the Holding of a Referendum on the Sale of ETSA and Optima Energy be noted.

                 Debate ensued.

                 Question put and passed.

 

Select Committee

on the

Establishment

of a Special Committee and

the Holding of a Referendum on

the Sale of ETSA

and Optima Energy - Report to be noted -

Motion re.

 

29.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 17 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

  30.

Ordered - That the adjourned debate on the question - That the Citizens’ Right of Reply Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday,
9 December 1998.

 

Citizens’ Right

of Reply Bill.

31.

The Minister for Transport and Urban Planning, without notice, moved - That the Standing Orders be so far suspended as to enable her to move that the Order made this day for Notice of Motion (Government Business) No. 3 to be an Order of the Day for next day of sitting, be discharged and for it to be taken into consideration forthwith.

                 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.

 

 

                 The Minister for Transport and Urban Planning then moved - That the Order made this day for Notice of Motion (Government Business) No. 3 to be an Order of the Day for next day of sitting, be discharged and for it to be taken into consideration forthwith.

                 Question put and passed.

Order

Discharged.

 

 

                 The Minister for Transport and Urban Planning then moved - All Members of the Legislative Council applaud both the State Opera Company of South Australia on the sensational staging of Wagner’s “The Ring” and the Adelaide Symphony Orchestra, conducted by Maestro Jeffrey Tate, for its world class performance of the Opera, regarded as one of the most influential works in the history of western culture.

                 Debate ensued.

                 And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned until next day of sitting.

 

Sensational

 Staging of

Wagner’s

“The Ring” -

Motion re.

 

  32.

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

Message No. 10

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Petroleum Act 1940, to which it desires the concurrence of the Legislative Council.

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

                 Bill read a first time.

                 Ordered - That the second reading be an Order of the Day for next day of sitting.

 

Messages from

House of

Assembly:

Petroleum (Production Licences) Amendment Bill.

 

 

Message No. 11

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

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

                 Bill 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.

 

Guardianship and Administration (Extension of

Sunset Clause

and Validation

of Orders) Amendment Bill.

 

 

Message No. 12

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Shop Trading Hours Act 1977, to which it desires the concurrence of the Legislative Council.

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

                 Bill 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.

 

Shop Trading

Hours (Miscellaneous) Amendment Bill.

 

33.

Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.

 

Next Day

of Sitting.

 

34.

Council adjourned at ten minutes to ten o’clock until tomorrow at eleven o’clock a.m.

 

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