[SOUTH AUSTRALIA]

No. 29

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY 26 FEBRUARY 1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

The Hon. J. F. Stefani, on behalf of the Hon. R. D. Lawson, brought up the Twelfth Report, 1996-97 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 in regard to this Regulation and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days, to allow the Committee time to complete its deliberations.

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

                 Regulation referred to:-

                          Development Act - Special Event.

                         

Legislative

Review

Committee -

Twelfth Report,

1996-97.

   3.

The Hon. J. F. Stefani, on behalf of the Hon. R. D. Lawson, brought up the Thirteenth Report, 1996‑97 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Thirteenth Report,

1996-97.

 

   4.

The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 2).

                 Ordered - That the Report be printed.  (Paper No. 200)

 

Statutory

Authorities

Review

Committee -

Report on the Review of the

Legal Services Commission (Part 2).

 

   5.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Minister for Employment, Training and Further Education (The Hon. D. C. Kotz, M.P.) concerning Campuses of the University of South Australia.

 

Paper Tabled.

   6.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning Minnipa Research Centre.

 

Paper Tabled.

   7.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to give a reply to a question asked by the Hon. R. D. Lawson.

                 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.

   8.

The Attorney-General brought up the Report of the Select Committee on the St. John (Discharge of Trusts) Bill, 1996.

                 Ordered - that the Report be printed. ( Paper No. 202)

St. John

(Discharge of

Trusts) Bill.

 

 

                 The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable the St. John (Discharge of Trusts) Bill be not reprinted as amended by the Select Committee and that the Bill be recommitted to a Committee of the Whole Council on motion.

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

 

Suspension

of Standing

Orders.

   9.

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

 

Statements

on Matters

of Interest.

 

10.

Ordered - separately - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

11.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

12.

The Hon. M. J. Elliott, pursuant to notice, moved - That the Legislative Council -

         I.       Condemns the Government for its repeated withholding of information from the Select Committee on Contracting out of State Government Information Technology and notes that the Government -

(a)     has continued to refuse to supply a copy of the contract to the Committee;

(b)    has not supplied a summary of a contract to the Select Committee despite an agreement signed between the Government and the Opposition on 9 August 1996;

(c)     countermanded a request to all “Wave 1 Agencies” to supply answers to questions direct to the Select Committee by 22 November 1996.  The Government instructed the agencies instead to send the answers to the Department of Information Industries and these have not been forwarded to the Select Committee; and

        II.       Requests that the Premier arrange for the immediate release to the Select Committee of full copies of the original answers from all “Wave 1 Agencies” which were prepared for the Select Committee but were diverted to the Department of Information Industries.

                  Debate ensued.

                 And the Attorney-General having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Select Committee

on Contracting

out of State Government Information Technology -

Motion re.

13.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

                 Question put and passed.

                 Bill introduced and read a first time.

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

                 On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday next.

 

Constitution (Parliamentary Terms)

Amendment Bill.

14.

Ordered - That Notice of Motion (Private Business) No. 7 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

15.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 2) be noted.

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

 

Statutory Authorities

Review Committee -

Report on Legal Services Commission

(Part 2) to be noted -

Motion re.

 

16.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

17.

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

         I.        That a Select Committee of the Legislative Council be appointed to inquire into matters surrounding the purchase of property known as “Gouldana”, sections 35, 36, 37 and 190 in the Hundred of Smith and any potential conflict of interest that may have existed for the then Minister for Primary Industries, The Hon. D. S. Baker, M.P., and any related matter.

Potential Conflict of

Interest by Minister

concerning “Gouldana” -

Motion for

Select Committee.

 

        II.       That Standing Order No. 389 be 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 presented to the Council.

Suspension

of Standing

Order.

 

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

                  Debate resumed.

                  Question put.

          Committee divided

Suspension

of Standing

Order.

 

Ayes, 9.

The Hon. T. Crothers

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

Noes, 8.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. R. D. Lawson

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. R. I. Lucas (Teller)

 

 

 

So it was resolved in the affirmative.

 

 

                 The Hon. M. J. Elliott moved - That the Select Committee consist of the Attorney-General, the Hon. A. J. Redford, the Hon. R. R. Roberts, the Hon. T. G. Roberts and the mover.

                 Question put and passed.

                 The Hon. M. J. Elliott then moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on 19 March 1997.

                 Question put and passed.

 

Select Committee Appointed.

 

18.

Ordered - separately - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - 

         I.       That a Select Committee of the Legislative Council be appointed to inquire into matters surrounding the -

(a)     termination of the employment of Mr. Michael Gleeson as Chief Executive of the South Australian Tourism Commission;

(b)    attempts to terminate the employment of a senior executive of the Tourism Commission, Mr. Rod Hand;

(c)     appointment of Ms. Anne Ruston to the position of General Manager of the Wine and Tourism Council of South Australia,

                       including the role of the Minister of Tourism, The Hon. G. A. Ingerson, M.P., in these matters.

Issues Relating

to the Employment

of Certain Persons

and the Role

of the Minister

for Tourism -

Motion for

Select Committee.

 

        II.       That Standing Order No. 389 be 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 presented to the Council.

Suspension

of Standing

Order.

 

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

                 Debate resumed.

                 On motion of the Minister for Education and Children’s Services, the debate was adjourned until Wednesday next.

 

Suspension

of Standing

Order.

20.

Answers to Questions on Notice Nos. 23 to 35 received this day were tabled by the Minister for Education and Children’s Services.

                 The President directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

21.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the Minister for Health extend the trialing of cannabinoid “dronabinal” for medical purposes to include the trialing of cannabis to eligible patients:

                 Debate resumed.

                 On motion of the Hon. J. C. Irwin, the debate was adjourned until Wednesday, 5 March 1997.

 

Trialing of cannabinoid “dronabinal”

for medical

purposes -

Motion re.

23.

Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 14 be Orders of the Day for Wednesday, 5 March 1997.

 

Postponement

of Business.

24.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Position Paper on Scrutiny of National Schemes of Legislation be noted.

                 Debate resumed.

                 Question put and passed.

 

Position Paper on

Scrutiny of

National Schemes

 of Legislation

be noted -

Motion re.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 16 to No. 22 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

26.

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.

 

  27.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the St. John (Discharge of Trusts) Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

St. John (Discharge

of Trusts) Bill.

28.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

29.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Committee stages be an Order of the Day for next day of sitting.

 

Electoral

(Miscellaneous)

Amendment Bill.

  30.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the St. John (Discharge of Trusts) Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 amended and agreed to.

                          Clause No. 3 amended and agreed to.

                          Clause No. 4 agreed to.

                          Clause No. 5 struck out.

                          New clause No. 5 inserted.

                          Title agreed to.

_____________________

 

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

                 The Attorney-General, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

St. John (Discharge

of Trusts) Bill.

31.

Ordered - That Order of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration on motion.

 

Postponement

of Business.

32.

On the Order of the Day being read for the adjourned debate on the motion of the Minister for Education and Children’s Services - That this House congratulates the commitment and work of South Australian teachers and schools in both Government and non-Government sectors in achieving outstanding student results in the Third International Mathematics and Science Study (TIMSS) which had South Australia ranked ninth overall in Mathematics and seventh overall in Science in a survey in forty-five countries world-wide:

                 Debate resumed.

                 Question put and passed.

 

South Australian

Results in International Mathematics

and Science

Study  -

Motion re.

33.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

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

 

In the Committee

 

                          Clauses No. 1 to No. 21 agreed to.

                          Schedule agreed to

                          Title agreed to.

_____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment; whereupon the Council adopted such report.

                 The 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.

 

Associations Incorporation (Miscellaneous)

Amendment Bill.

  34.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Criminal Law Consolidation (Self Defence) Amendment Bill.

 

In the Committee

 

                          Clause No. 2 further considered.

                 The Hon. C. A. Pickles moved on page 1, line 20, to leave out “reasonably”.

                  Question - that the amendment be agreed to - put.

          Committee divided:

Criminal Law Consolidation

(Self Defence) Amendment

Bill.

 

Ayes, 7.

The Hon. T. G. Cameroon

The Hon. T. Crothers

The Hon. J.A.W. Levy

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. C. A. Pickles (Teller)

 

Noes, 10.

The Hon. M. J. Elliott

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

        So it passed in the negative.

                          Clause No. 2 otherwise 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; 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.

 

 

35.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 11 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

36.

On the Order of the Day being read for the adjourned debate on the question - That the Legal Practitioners (Membership of Board and Tribunal) Amendment Bill be now read a second time:

                 Debate resumed.

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

       

Legal  Practitioners (Membership

of Board and Tribunal)

Amendment Bill.

37.

Ordered - That Order of the Day (Government Business) No. 13 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

38.

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

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 to No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clause No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 agreed to.

                          Clause No. 11 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 next day of sitting.

 

State Records

Bill.

  39.

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

Message No. 65

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1998, to which it desires the concurrence of the Legislative Council.

House of Assembly, 25 February 1997.                                                                  G. M. GUNN, 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:

Supply Bill.

 

 

Message No. 66

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 February 1997.                                                                  G. M. GUNN, 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. J.A.W. Levy, the debate was adjourned until next day of sitting.

 

Superannuation (Employee

Mobility) Amendment Bill.

 

 

Message No. 67

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Police Superannuation Act 1990, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 February 1997.                                                                  G. M. GUNN, 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. J.A.W. Levy, the debate was adjourned until next day of sitting.

 

Police Superannuation (Miscellaneous) Amendment Bill.

 

 

Message No. 68

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

House of Assembly, 26 February 1997.                                                                  G. M. GUNN, Speaker.

                 Bill read a first time.

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

 

Environment Protection (Miscellaneous)

Amendment Bill.

40.

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

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

                                                                    

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

 

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill