[SOUTH AUSTRALIA]

No. 44

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  26  AUGUST  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 Treasurer (The Hon. R. I. Lucas), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Statutes Amendment (Motor Accidents) Bill.

                 Question put and passed.

 

Statutes

Amendment

(Motor

Accidents)

Bill.

 

   3.

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

 

Legislative Review

Committee -

Twenty-First

Report, 1997-98.

 

   4.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee on Regulations made under the Water Resources Act 1997.

 

Legislative Review

Committee -

Report on Regulations made under the Water Resources Act 1997.

 

   5.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee on Regulations made under the Education Act 1972 (Materials and Services Charges).

 

Legislative Review

Committee -

Report on Regulations made under the

Education Act 1972

(Materials and

Services Charges).

 

   6.

The Hon. C. V. Schaefer brought up the Gambling Inquiry Report by the Social Development Committee.

                 Ordered - That the Report be printed.  (Paper No. 211)

 

Social

Development Committee - Gambling

Inquiry Report.

 

   7.

The Hon. L. H. Davis brought up the Report of the Second Inquiry of the Statutory Authorities Review Committee into Timeliness of Annual Reporting by Statutory Authorities.

                 Ordered - That the Report be printed.  (Paper No. 210)

 

Statutory

Authorities

Review Committee - Report of Second Inquiry into Timeliness of Annual Reporting

by Statutory Authorities.

 

   8.

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

 

Statements

on Matters

of Interest.

 

   9.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

 

10.

The Hon. N. Xenophon, pursuant to notice, moved -

    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;

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

And the Hon. N. Xenophon, having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Motor Accident Commission - Motion for Select Committee.

11.

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Gambling Inquiry Report by the Social Development Committee be noted.

                 And the Hon. C. V. Schaefer having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

Social

Development Committee - Gambling

Inquiry Report

to be noted -

Motion re.

 

12.

The Hon. L. H. Davis, pursuant to notice moved - That the Report of the Second Inquiry of the Statutory Authorities Review Committee into Timeliness of Annual Reporting by Statutory Authorities be noted.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Statutory

Authorities

Review Committee - Report of Second Inquiry into Timeliness of Annual Reporting

by Statutory Authorities -

Motion re.

 

13.

Ordered - That the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Gambling Inquiry Report by the Social Development Committee be noted - be now resumed.

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned and ordered to be resumed on motion.

 

Social

Development Committee - Gambling

Inquiry Report

to be noted -

Motion re.

 

14.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Second Inquiry of the Statutory Authorities Review Committee into Timeliness of Annual Reporting by Statutory Authorities be noted - be now resumed.

                 Debate resumed.

                 Question put and passed.

 

Statutory

Authorities

Review Committee - Report of Second Inquiry into Timeliness of Annual Reporting

by Statutory Authorities -

Motion re.

 

15.

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

                 Ordered - That the Committee have leave to sit during the recess and to report on the first day of next session.

 

Select Committee

on Outsourcing of

State Government

Services.

 

16.

The Hon. A. J. Redford, pursuant to notice, moved - That the Regulations under the Education Act 1972 concerning Materials and Services Charges, made on 28 May 1998 and laid on the Table of this Council on 2 June 1998, be disallowed.

                 Debate ensued.

                 Ordered - That the Order of the Day be discharged.

Education

Act 1972 - Regulations - Materials and Services Charges - Motion for disallowance of.

 

17.

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

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

 

Suspension and

Resumption of

Sitting.

 

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. A. Pickles - That the Regulations under the Education Act 1972 concerning Materials and Services Charges, made on 28 May 1998 and laid on the Table of this Council on 2 June 1998, be disallowed.

                 Debate resumed.

                 Question - That the motion be agreed to - put.

        Committee divided:

Education

Act 1972 - Regulations - Materials and Services Charges - Motion for disallowance of.

 

Ayes, 11.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. A. Pickles (Teller)

Noes, 8.

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)

 

 

 

 

So it was resolved in the affirmative.

 

 

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
M. J. Elliott - That this Council calls on the Environment, Resources and Development Committee to be required to investigate and report on Rail Links with the Eastern States to ascertain the best configuration for the Future Development of South Australia:

                 Debate resumed.

                 Question put and passed.

 

Rail Links with Eastern States - Environment, Resources and Development Committee to

inquire into -

Motion re.

 

20.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 18 be postponed and taken into consideration after Order of the Day (Private Business) No. 19.

 

Postponement

of Business.

 

21.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law (Sentencing) (Victim Impact Statements) 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

 

                          Clause No. 1 agreed to.

                          Clause No. 1A inserted.

                          Clause No. 2 read.

                 The Attorney-General moved on page 1, lines 16 to 25, to leave out subsections (1), (2) and (3) and insert new subsections as follows:

         “(1) A person who has suffered injury, loss or damage resulting from an indictable offence committed by another may furnish the trial court with a written personal statement (a “victim impact statement”) about the impact of that injury, loss or damage on the person and his or her family.

         (2)  A victim impact statement must comply with and be furnished in accordance with rules of court.

         (3)  The court, on convicting the defendant of the offence -

(a)    will, if the person so requested when furnishing the statement, allow the person an opportunity to read the statement out to the court; and

(b)    in any other case, will cause the statement to be read out to the court.”

                 Question - That subsections (1), (2) and (3), as proposed to be struck out, stand as printed - put and negatived.

Criminal Law (Sentencing)

(Victim Impact Statements) Amendment Bill.

 

 

                 Question - That new subsections (1), (2) and (3), as proposed to be inserted by the Attorney-General, be so inserted - put and passed.

                 Question - That new subsection (3a), as proposed to be inserted by the Attorney-General, be so inserted - put.

            Committee divided:

 

 

Ayes, 6.

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

Noes, 9.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. C. A. Pickles(Teller)

 

 

        So it passed in the negative.

                          Clause No. 2, as amended, 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 Hon. C. A. Pickles, 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.

                 The Hon. C. A. Pickles moved - That this Bill be now read a third time.

                 Debate ensued.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

22.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 8 be postponed and taken into consideration after Order of the Day (Private Business) No. 9.

 

Postponement

of Business.

 

23.

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

                 Debate resumed.

                 Question put.

           Council divided:

Subordinate Legislation (Miscellaneous) Amendment

Bill.

 

 

Ayes, 9.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. C. A. Pickles

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. R. R. Roberts (Teller)

Noes, 6.

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. J. F. Stefani

The Hon. K. T. Griffin(Teller)

 

 

 

        So it was resolved in the affirmative.

                 Bill read a second time.

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

_____________________

 

And it being twelve of the clock:

THURSDAY 27 AUGUST 1998

_____________________

 

 

24.

Ordered - That Orders of the Day (Private Business) No. 5 to No. 8 and No. 10 to 18 be postponed and taken into consideration after Order of the Day (Private Business) No. 20.

 

Postponement

of Business.

 

25.

On the Order of the Day being read for the adjourned debate on the question - That the Education (Government School Closures and Amalgamations) 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 and No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. M. J. Elliott moved on page 4, lines 18 to 21, to leave out subsection (2) and insert new subsections as follows:

         “(2) Any decision to close a school or amalgamate schools must be made, and notice of the decision given and published under subsection (2a), within 6 weeks of the Minister’s receipt of the review committee’s report.

         (2a) The Minister must cause notice of a decision to close a school or amalgamate schools and of the reasons for the decision—

(a)    to be given in writing to the head teacher and school council of each of the schools affected by the decision; and

(b)    to be published in a newspaper circulating generally throughout the State.”

                 Amendment, by leave, withdrawn.

                          Clause No. 3 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 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.

                

Education (Government

School

Closures and Amalgamations) Amendment

Bill.

 

26.

Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

27.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 15 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

 

28.

The following Message from the House of Assembly was received and read:

Message No. 118

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Tobacco Products Regulation Act 1997, without any amendment.

House of Assembly, 26 August 1998.                                                               J.K.G. OSWALD, Speaker.

 

Message from

House of Assembly:

Tobacco Products Regulation (Dissolution of Sports, Promotion,

Cultural and Health Advancement

Trust) Amendment Bill.

 

  29.

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

 

Next Day

of Sitting.

 

  30.

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