[SOUTH AUSTRALIA]

No. 7

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  26  OCTOBER  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 following Papers were laid upon the Table, viz.:

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

                 Reports, 1998-99.

                          Disciplinary Appeals Tribunal.

                          National Wine Centre.

                          Promotion and Grievance Appeals Tribunal.

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Reports, 1998-99 -

                          Department for Administrative and Information Services.

                          Playford Centre.

                          The Industry and Commercial Premises Corporation.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Regulations under the following Act -

                          Police Act 1998 - Variation.

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

                 National Road Transport Commission - Report, 1998-99.

                 Carrick Hill Trust - Crown Development Report - Application for the Erection of Temporary Marquee.

                 The Planning Strategy for South Australia - Report to Parliament, 1998-99.

 

Papers.

   3.

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

 

Paper Tabled.

   4.

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable Notices of Motions to be given and Replies provided for Questions without Notice asked by various Members.

                 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.

   5.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned and ordered to be resumed on motion.

 

Address-in-Reply.

   6.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement

of Business.

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (Road Closures) 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. 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 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.

 

Highways

(Road Closures) Amendment Bill.

 

   8.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be postponed and taken into consideration after Order of the Day (Government Business) No. 6.

 

Postponement

of Business.

   9.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Heavy Vehicles Speeding Control Scheme) 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 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.

 

Motor Vehicles

(Heavy Vehicles Speeding Control Scheme)

Amendment Bill.

 

10.

Ordered - That the adjourned debate on the question - That the Address-in-Reply, as read, be adopted - be now resumed.

                 Debate resumed.

                 And the Hon. L. H. Davis having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Address-in-Reply.

11.

At 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.

12.

Ordered - That the adjourned debate on the question - That the Address-in-Reply, as read, be
adopted - be now resumed.

                 Debate resumed.

                 And the Treasurer having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on next day of sitting.

 

Address-in-Reply.

  13.

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

Message No. 3

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the implementation of new legislation relating to the system of local government in the State by the repeal or amendment of certain legislation and the enactment of transitional provisions; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 21 October 1999.                                                              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. P. Holloway, the debate was adjourned until next day of sitting.

 

Messages from

House of Assembly:

Local Government (Implementation)

Bill.

 

 

Message No. 4

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the South Australian Health Commission Act 1976, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 October 1999.                                                              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.

 

South Australian Health Commission (Director of Hospitals and Health Centres) Amendment Bill.

 

 

Message No. 5

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Transplantation and Anatomy Act 1983, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 October 1999.                                                              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.

 

Transplantation and Anatomy (Consent

to Blood Donation) Amendment Bill.

14.

On the Order of the Day being read for 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 -

         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,

                       he shall refuse the request and inform the person who made it of his decision.  The President shall not be obliged to inform any person or the Council of the reasons for his 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 his opinion the response in terms agreed between him 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:

                 Debate resumed.

                 Question put and passed..

 

Sessional Order -

Citizens’ Right

of Reply.

15.

Ordered - separately - That Orders of the Day (Government Business) No. 3 to No. 5 and No. 8 to No. 10 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

16.

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

                 Debate resumed.

                 On motion of the Hon. A. J. Redford, the debate was adjourned until next day of sitting.

 

Office for the

Ageing

(Advisory Board) Amendment Bill.

17.

Ordered - That Order of the Day (Government Business) No. 12 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the question - That the Carriers Act Repeal Bill be now read a second time:

                 Debate resumed.

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

 

Carriers Act

Repeal Bill.

19.

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

 

Postponement

of Business.

20.

Council adjourned at nine minutes past 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. 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