SOUTH AUSTRALIA]

No. 51

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

THURSDAY  27  MAY  2004

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Minister for Industry, Trade and Regional Development (The Hon. P. Holloway), 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 Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), according to order, moved - That the Medical Practice Bill be now read a second time.

                 On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting.

 

Medical Practice
Bill.

 

 

   4.

The Minister for Aboriginal Affairs and Reconciliation, according to order, moved - That the State Procurement Bill be now read a second time.

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

 

State Procurement
Bill.

 

 

   5.

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

 

Postponement
of Business.

 

   6.

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

 

Postponement
of Business.

 

   7.

On the Order of the Day being read for the adjourned debate on the question - That the Pitjantjatjara Land Rights (Executive Board) Amendment 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.

 

Pitjantjatjara Land
Rights
(Executive Board)
Amendment Bill.

 

   8.

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

 

Postponement
of Business.

 

   9.

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

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

 

Statutes
Amendment
(Courts) Bill.

 

 

                 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. 4 agreed to.

                          New clause No. 4A inserted.

                          New clause No. 4B inserted.

                          Clauses No. 5 to No. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 28 agreed to

                          Schedule agreed to.

                          Title amended and agreed to.

_____________________

 

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

                 The Minister for Industry, Trade and Regional Development, 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.

 

 

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Natural Resources Management Bill be now read a second time:

                 Debate resumed.

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

 

Natural Resources
Management
Bill.

 

11.

At one minute 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.

 

12.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Health (The Hon. L. Stevens, M.P.) concerning the Investigation of a Doctor in New South Wales.

 

Ministerial
Statement  Tabled.

 

13.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister Assisting the Premier in the Arts (The Hon. J. D. Hill, M.P.) concerning the Preparations for Wagner’s The Ring Cycle.

 

Ministerial

Statement  Tabled.

 

  14.

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

        By the Minister for Industry, Trade and Regional Development

        (The Hon. P. Holloway) -

                 Budget Paper No. 1, 2004-2005 - Budget Overview.

                 Budget Paper No. 2, 2004-2005 - Budget Speech.

                 Budget Paper No. 3, 2004-2005 - Budget Statement.

                 Budget Paper No. 4, Volumes 1, 2 and 3, 2004-2005 - Portfolio Statements.

                 Budget Paper No. 5, 2004-2005 - Capital Investment Statement.

                 Budget Paper No. 6, 2004-2005 - Regional Statement.

 

Papers.

 

15.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. N. Xenophon to complete his question to the Minister and for the Minister to complete his reply.

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

 

Suspension of
Standing Orders.

 

16.

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

Message No. 77

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith entitled an Act to amend the Maralinga Tjarutja Land Rights Act 1984 and the National Parks and Wildlife Act 1972, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 May 2004.                                                      I. P. LEWIS, Speaker.

                 Bill read a first time.

                 The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.

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

 

Message from
House of Assembly:
Statutes Amendment
(Co-managed Parks)
Bill.

 

 

 

Message No. 78

                 MR. PRESIDENT - The House of Assembly no longer insists on its disagreement to Amendments Nos. 1 and 2 in the Statutes Amendment (Intervention Programs and Sentencing Procedures) Bill, but insists on its disagreement to Amendment No. 3 and requests that a Conference may be granted to it in respect of that amendment.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 26 May 2004.                                                      I. P. LEWIS, Speaker.

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

 

Statutes Amendment
(Intervention
Programs and
Sentencing
Procedures) Bill.

 

 

 

Message No. 79

                 MR. PRESIDENT - The House of Assembly has agreed to Amendments Nos. 1, 3, 6 to 8, 10 to 12, 17, 22, 24 and 36 made by the Legislative Council in the Health and Community Services Complaints Bill without amendment, has agreed to Amendment No. 25 with the amendment indicated in the annexed Schedule, and has disagreed to Amendments Nos. 2, 4, 5, 9, 13 to 16, 18 to 21, 23, 26 to 35 and 37 to 42 as indicated by the annexed Schedule.  The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 26 May 2004.                                                      I. P. LEWIS, Speaker.

 

Health and
Community Services
Complaints Bill.

 

 

 

Schedule of the amendment made by the House of Assembly

to Amendment No. 25 of the Legislative Council

Legislative Council’s Amendment -

No. 25.    Page 17, lines 21 and 22 (clause 23) - Leave out all words in these lines after "died—" in line 21 and insert:

a person who can demonstrate to the Commissioner that he or she had an enduring relationship with the deceased person, or a personal representative of the deceased person

House of Assembly’s amendment thereto -

                 Delete “Commissioner” and insert in lieu thereof “HCS Ombudsman”.

 

Schedule of the amendments made by the Legislative Council

to which the House of Assembly has disagreed

No. 2.      Page 5 (clause 4) - After line 23 insert the following:

"Commissioner" means the Health and Community Services Complaints Commissioner appointed under Part 2 (and includes a person acting in that office from time to time);

No. 4.      Page 6, line 21 (clause 4) - Leave out "Part 2" and substitute:

this Act

No. 5.      Page 7, lines 9 to 11 (clause 4) - Leave out the definition of "HCS Ombudsman".

No. 9.      Page 9 (clause 4) - After line 1 insert the following:

"public authority" means—

(a)    a government agency; or

(b)    a body included within the ambit of this definition by the regulations;

No. 13.    Page 9 - After line 34 insert new clause as follows:

Application of Act

         4A. (1) Subject to this section, this Act applies to or in relation to a health or community service provided—

(a)    by a public authority, whether or not the service is provided for fee or reward; or

(b)    by a person or body, other than a public authority, who or that provides that service for a fee or other form of reward that is charged or payable at normal commercial rates.

         (2) This Act does not apply to or in relation to a health or community service provided by, or delivered through, a volunteer.

No. 14.    Page 10, line 1 (Heading) - Leave out heading and insert:

Part 2—Health and Community Services Complaints Commissioner

No. 15.    Page 10, lines 4 and 5 (clause 5) - Leave out subclause (1) and insert:

         (1) There is to be a Health and Community Services Complaints Commissioner.

No. 16.    Page 10, line 6 (clause 5) to Page 48, line 16 (clause 85) - Leave out "HCS Ombudsman" or "HCS Ombudsman’s" wherever occurring and insert "Commissioner" or "Commissioner’s".

No. 18.     Page 12, line 20 (clause 9) - Leave out "by the Minister or".

 

 

 

No. 19.    Page 13, lines 3 to 11 (clause 12) - Leave out subclauses (1) and (2) and insert:

         (1) The Commissioner may establish such committees as the Commissioner thinks fit to assist the Commissioner in the performance of his or her functions under this Act.

No. 20.    Page 13, line 15 (clause 12) - Leave out "the Minister or the HCS Ombudsman" and insert:

the Commissioner

No. 21.    Page 13 (clause 13) - After line 26 insert the following:

         (5) Nothing in this section prevents the Commissioner, or a member of the Commissioner’s staff, acting as a conciliator under this Act.

No. 23.    Page 15, lines 27 and 28 (clause 21) - Leave out ", needs and wishes" and insert:

and any requirements that are reasonably necessary to ensure that he or she receives such services

No. 26.    Page 19, line 22 (clause 26) - Leave out "two years" and insert:

one year

No. 27.    Page 21, line 10 (clause 29) - Leave out "HCS Ombudsman may, in such manner as the HCS Ombudsman" and insert:

Commissioner may, in such manner as the Commissioner

No. 28.    Page 22 (clause 29) - After line 7 insert the following:

         (13)  For the purposes of conducting any inquiry or informal mediation under this section, the Commissioner may obtain the assistance of a professional mentor.

         (14) The Commissioner may discuss any matter relevant to making a determination under section 28 or with respect to the operation of this section with a professional mentor.

No. 29.    Page 27, line 24 (clause 39) - After "conciliation" insert:

under this Part

No. 30.    Page 30 (clause 44) - After line 3 insert the following:

         (3) The Commissioner may, at any time, decide to attempt to deal with a complaint by conciliation.

         (4)  The Commissioner may, in attempting conciliation under subsection (3), act personally or through a member of his or her staff.

         (5)  The Commissioner may, if satisfied that the subject of a complaint has been properly resolved by conciliation under subsection (3), determine that the complaint should not be further investigated under this.

         (6)  Anything said or done during conciliation under subsection (3), other than something that reveals a significant issue of public safety, interest or importance, is not to be disclosed in any other proceedings (whether under this or any other Act or law) except by consent of all parties to the conciliation.

No. 31.    Page 33 (clause 54) - After line 17 insert the following:

         (2a) If the service provider is a registered service provider, the Commissioner must provide a copy of the notice to the relevant registration authority.

No. 32.    Page 33, lines 18 to 26 (clause 54) - Leave out subclauses (3) and (4) and insert:

         (3) The Commissioner must then allow the service provider and, if relevant, a registration authority, at least 28 days to make representations in relation to the matter.

         (3a) A service provider may, in making representations under subsection (3), advise the Commissioner of what action (if any) the service provider has taken, or intends to take, in response to the matters raised in the notice.

         (4) After receipt of representations under subsection (3), or after the expiration of the period allowed under that subsection, the Commissioner may publish a report or reports in relation to the matter in such manner as the Commissioner thinks fit.

No. 33.    Page 33, line 28 (clause 54) - After "community service provider" insert:

and then allow the service provider at least 14 days to make representations in relation to the content of the report

No. 34.    Page 33 (clause 54) - After line 28 insert the following:

         (5a) A report under this section may include such material, comments, commentary, opinions or recommendations as the Commissioner considers appropriate.

         (5b) The Commissioner may provide copies of a report to such persons as the Commissioner thinks fit.

         (5c) The Commissioner must provide a copy of a report to any complainant and service provider that has been a party to the relevant proceedings.

No. 35.    Page 44, lines 1 to 25 (clause 75) - Leave out the clause.

 

 

 

No. 37.    Page 46 - After line 5 insert new clause as follows:

Protection of certain information

         79A. Nothing in this Act requires the production or provision of information held under section 64D of the South Australian Health Commission Act 1976.

No. 38.    Page 46 (clause 80) - After line 18 insert the following:

         (2) A person who does anything in accordance with this Act, or as required by or under this Act, cannot, by so doing, be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.

No. 39.    Page 46 - After line 35 insert new clause as follows:

Consideration of available resources

         82A. (1) A recommendation of the Commissioner under this Act in relation to a service must be made in a way that to give effect to it—

(a)    would not be beyond the resources appropriate for the provision or delivery of services of the relevant kind; and

(b)    if relevant, would not be inconsistent with the way in which those resources have been allocated by a Minister, chief executive or administrative unit in accordance with government policy.

         (2) In subsection (1)—

"chief executive" means a chief executive under the Public Sector Management Act 1995.

No. 40.    Page 46 - After line 35 insert new clause as follows:

Interaction with Ombudsman Act 1972

         82B. Despite any other provision of this Act or the Ombudsman Act 1972

(a)    a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 14 of that Act on the basis that the relevant House of Parliament or committee considers that the matter involves a significant issue of public safety, interest or importance; and

(b)    a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 15(3) of that Act and the State Ombudsman may proceed to deal with the matter if the State Ombudsman considers that the matter may involve a significant issue of public safety, interest or importance; and

(c)    the State Ombudsman may conduct an investigation of an act of the Commissioner under that Act even if the matter involves a health or community service provider that is not an agency to which that Act applies (and may, in conducting the investigation, look at the substance of the original complaint, and consider or review any other matter that may be relevant to the investigation, even if the subject matter of the original complaint did not involve an administrative act within the meaning of that Act).

No. 41.    Page 47, lines 6 to 13 (clause 83) - Leave out paragraphs (b) and (c).

No. 42.    Page 47, lines 29 to 34 (clause 83) - Leave out subclauses (3) and (4).

D. A. BRIDGES, Clerk of the House of Assembly.

 

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 The President then left the Chair and the Council resolve itself into a Committee of the Whole for the consideration of the Message.

 

In the Committee

 

                          Resolved - That the amendment made by the House of Assembly to Amendment No. 25 be not agreed to.

                          Resolved - That Amendment No. 25 be insisted on.

                          Resolved - That Amendments Nos. 2, 4 and 5 be insisted on.

                 The Minister for Aboriginal Affairs and Reconciliation moved - That Amendments Nos. 9 and 13 be not insisted on.

                 Question - That Amendments Nos. 9 and 13 be insisted on - put.

 

 

 

             Committee divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                 The Hon. A. J. Redford moved - That the Chairperson report progress and seek leave for the Committee to sit again.

                 Question put.

 

 

 

             Committee divided:

Ayes, 11

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. N. Xenophon

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. K. J. Reynolds

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

_____________________

 

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

 

 

 

17.

Ordered - That the adjourned debate on the question - That the Natural Resources Management Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. S. M. Kanck, the debate was adjourned until next day of sitting.

 

Natural Resources
and Management
Bill.

 

18.

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

 

Postponement
of Business.

 

19.

Council adjourned at six minutes past four o’clock until Monday next at fifteen minutes past two o’clock.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

 

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon