SOUTH AUSTRALIA]

No. 36

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  JUNE  2000

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

    2.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 5.

                 The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

                 No. 16 of 2000 - An Act to amend the Children’s Protection Act 1993.

                 No. 17 of 2000 - An Act to amend the Police (Complaints and Disciplinary Proceedings) Act 1985.

                 No. 18 of 2000 - An Act to amend the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988 and the Young Offenders Act 1993.

                 No. 19 of 2000 - An Act to amend the Corporations (South Australia) Act 1990.

                 No. 20 of 2000 - An Act to amend the Criminal Law Consolidation Act 1935; and make related amendments to the Criminal Assets Confiscation Act 1996 and the Summary Offences Act 1953.

                 No. 21 of 2000 - An Act to ratify and give effect to the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations; to amend the Financial Institutions Duty Act 1983, the Pay-roll Tax Act 1971 and the Stamp Duties Act 1923; and for other purposes.

                 No. 22 of 2000 - An Act to amend the Mining Act 1971 and the Opal Mining Act 1995.

                 No. 23 of 2000 - An Act to amend the Public Trustee Act 1995 and the Trustee Companies Act 1988;

                 No. 24 of 2000 - An Act to amend the Dairy Industry Act 1992.

Government House, Adelaide, 27 June 2000.                                        E. J. NEAL, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 19 to 22, 27, 98, 117 and 124 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

   4.

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

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

                 Education Adelaide - Report, 1998-1999.

                 Regulation under the following Act -

                          Public Corporations Act 1999 - Hills Transit Dissolution.

 

Papers.

 

 

                 Ministerial Directions -

                          RESI Corporation.

                          Transmission Lessor Corporation.

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

                 Regulations under the following Acts -

                          Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 - Revocation regarding Keeping Rabbits.

                          Fisheries Act 1982 -

                                   Abalone Fisheries - Fees.

                                   Blue Crab Fishery - Fees.

                                   General - Fees.

                                   Lakes and Coorong Fishery - Fees.

                                   Marine Scale Fishery - Fees.

                                   Miscellaneous Fishery - Fees.

                                   Prawn Fisheries - Fees.

                                   River Fishery - Fees.

                                   River Murray - Taking Native Fish.

                                   Rock Lobster - Fees.

                          Livestock Act 1997 -

                                   Cattle Compensation Fund.

                                   Livestock Identification.

                          Primary Industries Funding Schemes Act 1998 - Cattle Industry Fund.

                          Stock Foods Act 1941 - Variation of Interpretations.

                          Workers Compensation and Rehabilitation Act 1986 -

                                   Charges - Medical Practitioners - GST.

                                   Scale of Charges - GST.

                                   TXU (No. 4) Pty. Ltd. a Prescribed Crown Agency.

                 Rules - Rules of Court -

                          Magistrates Court - Magistrates Court Act 1991 - Mental Impairment Provisions Form.

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

                 Regulation under the following Act -

                          Emergency Services Funding Act 1998 - Remissions Motor Vehicles and Vessels.

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

                 Regulation under the following Act -

                          Liquor Licensing Act 1997 - Dry Areas - Coober Pedy.

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

                 West Beach Trust - Report, 1998-1999.

                 Regulations under the following Acts -

                          Controlled Substances Act 1984 - Variation of Interpretation.

                          Development Act 1993 - New Building.

                          Motor Vehicles Act 1959 - National Heavy Vehicle Charges.

                          Passenger Transport Act 1994 - Safety Security and Fare Compliance.

                          South Australian Health Commission Act 1976 - Flat Fee for Service.

                 By-laws - Waikerie Hospital and Health Services Incorporated.

                 Racing Act Rules 1976 - Greyhound Racing - Parade Steward.

 

Select Committee
on Wild Dog Issues
in the State of
South Australia - Interim Report.

 

   5.

The Hon. A. J. Redford brought up the Interim Report of the Select Committee on Wild Dog Issues in the State of South Australia together with Minutes of Proceedings and Evidence.

                 Ordered - That the Interim Report be printed.  (Paper No. 217)

 

Statutory Authorities Review Committee  - Report on the
Third Inquiry into Timeliness of
1998-99 Annual Reporting by Statutory Bodies.

 

   6.

The Hon. J. S. L. Dawkins brought up the Report of the Statutory Authorities Review Committee on the Third Inquiry into Timeliness of 1998-99 Annual Reporting by Statutory Bodies.

                 Ordered - That the Report be printed.  (Paper No. 215)

 

   7.

The Treasurer brought up the Interim Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by Other Means of Telecommunication in South Australia.

 

Select Committee
on Internet
and Interactive Home Gambling and Gambling by
Other Means of Telecommunication
in South Australia - Interim Report.

 

   8.

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

 

Postponement of Business.

   9.

The Treasurer, according to order, moved - That the Statutes Amendment (Lotteries and Racing - GST) Bill be now read a second time.

                 Debate ensued.

                 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. 11 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 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.

 

Statutes Amendment (Lotteries and
Racing - GST) Bill.

10.

The Treasurer, according to order, moved - That the Gaming Machines (Miscellaneous) Amendment Bill be now read a second time.

                 Debate ensued.

                 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 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.

 

Gaming Machines (Miscellaneous) Amendment Bill.

11.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 11 be postponed and taken into consideration after Order of the Day (Government Business) No. 12.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the First Home Owner Grant Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

 

First Home
Owner Grant
Bill.

 

 

                 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. 46 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 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.

 

Postponement
of Business.

13.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 9.

 

Highways (Miscellaneous) Amendment Bill.

14.

On the Order of the Day being read for the adjourned debate on the question - That the Highways (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. 15 agreed to.

                          Clause No. 16 amended and agreed to.

                          Clauses No. 17 to No. 26 agreed to.

                          Clauses No. 27 to No. 29 being money clauses, no questions were put on the clauses.

                          Clause No. 30 agreed to.

                          Clause No. 31 being a money clause, no question was put on the clause.

                          Clauses No. 32 to No. 36 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 an amendment; 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.

 

Postponement
of Business.

15.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8, No. 10 and No. 11 and No. 13 and No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Water Resources (Water Allocations) Amendment Bill.

16.

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

                 Debate resumed.

                 On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

 

Suspension and
Resumption of
Sitting.

 

17.

At five minutes 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.

 

18.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 8, No. 10 and No. 11, No. 13 and No. 14 and No. 16 to No. 23 be postponed and taken into consideration after Order of the Day (Government Business) No. 24.

 

Postponement
of Business.

19.

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

                 Debate resumed.

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

 

Liquor Licensing (Miscellaneous) Amendment Bill.

20.

Ordered - That the adjourned debate on the question - That the Water Resources (Water Allocations) Amendment Bill be now read a second time - be now resumed.

                 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. 2 amended and agreed to.

                          New clause No. 2A inserted.

                          Clauses No. 3 to No. 8 agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 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.

 

Water Resources (Water Allocations) Amendment Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Native Title (South Australia) (Validation and Confirmation) 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.

 

Native Title
(South Australia) (Validation and Confirmation) Amendment Bill.

 

23.

Ordered - That Orders of the Day (Government Business) No. 6 to No. 8, No. 10 and No. 11 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

24.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14, No. 16 to No. 23 and No. 25 to No. 27 be postponed and taken into consideration after Order of the Day (Government Business) No. 28.

 

Postponement
of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Cremation 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.

 

Cremation Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 13 and No. 14 be postponed and taken into consideration on motion.

 

Postponement
of Business.

Postponement
of Business.

27.

Ordered - That Orders of the Day (Government Business) No. 16 to No. 18 be Orders of the Day for next day of sitting.

 

Building Work Contractors (GST) Amendment Bill.

28.

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

                 Debate resumed.

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

 

South Australian Health Commission (Administrative Arrangements) Amendment Bill.

29.

Ordered - That the adjourned debate on the question - That the South Australian Health Commission (Administrative Arrangements) Amendment Bill be now read a second time - be now resumed.

                 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 to No. 52 agreed to.

                          Schedule 1 agreed to.

                          Schedule 2 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.

 

Sports Drug
Testing Bill.

30.

Ordered - That the adjourned debate on the question - That the Sports Drug Testing Bill be now read a second time - be now resumed.

                 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 to No. 15 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.

 

31.

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

Message No. 71

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Renmark Irrigation Trust Act 1936, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 June 2000.                                                                      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:
Renmark Irrigation Trust (Rating) Amendment Bill.

 

 

 

Message No. 72

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Gas Act 1997, to which it desires the concurrence of the Legislative Council.

House of Assembly, 1 June 2000.                                                                      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.

 

Gas (Miscellaneous) Amendment Bill.

 

32.

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

 

Postponement
of Business.

33.

Council adjourned at 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

 

 

 


 

NOTICES  AND  ORDERS  OF  THE  DAY

___________

 

WEDNESDAY  28  JUNE  2000

 

 

 

Notices  of  Motion:  Private  Business -

 

1.

The Hon. A. J. Redford to move - That By-law No. 3 of the City of Norwood, Payneham and St. Peters, concerning Council Land, made on 6 December 1999 and laid on the Table of this Council on 4 April 2000, be disallowed.

 

2.

The Hon. P. Holloway to move - That the Regulations under the Education Act 1972 concerning Materials and Services Charges, made on 4 May 2000 and laid on the Table of this Council on 31 May 2000, be disallowed.

 

3.

The Hon. S. M. Kanck to move - That the Hon. Dorothy Kotz, M.P., Minister for Aboriginal Affairs, be censured for failing to fulfil her duty to protect Aboriginal heritage as required by the Aboriginal Heritage Act, in particular her failure to provide protection under the Act for some 1,200 potential Aboriginal sites by placing them on the Register of Aboriginal Sites and Objects.

 

4.

The Hon. A. J. Redford to move - That the Interim Report of the Select Committee on Wild Dog Issues in the State of South Australia be noted.

 

5.

The Hon. L. H. Davis to move - That the Report of the Statutory Authorities Review Committee on the Third Inquiry into Timeliness of 1998-1999 Annual Reporting by Statutory Bodies, be noted.

 

6.

The Hon. I. Gilfillan to move - That he have leave to introduce a Bill for an Act to regulate the possession and use of genetically modified plant material.

 

 

 

Orders  of  the  Day:  Private  Business -

 

1.

Adjourned debate on motion of the Hon. P. Holloway - That this Council notes the importance of the apple and pear industry to South Australia and calls on the Federal Government to reject any application to allow the importation of apples and pears from countries such as New Zealand which have endemic fire blight and which could devastate the local industry - (May 31) - The Hon. J.S.L. Dawkins).

 

2.

Adjourned debate on motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Environment Protection in South Australia, be noted - (May 31) - The Hon. P. Holloway).

 

3.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Application of Regulations, made on 18 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

4.

The Hon. A. J. Redford to move - That the Regulations under the Motor Vehicles Act 1959, concerning Demerit Points, made on 25 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

5.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Oversize or Overmass Vehicle Exemptions, made on 25 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

6.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Mass and Loading Requirements, made on 25 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

7.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Vehicle Standard Rules, made on 25 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

8.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Miscellaneous Provisions, made on 25 November 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

9.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Miscellaneous Variation, made on 23 December 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

10.

The Hon. A. J. Redford to move - That the Regulations under the Prevention of Cruelty to Animals Act 1985, concerning Fees and Codes of Practice, made on 27 January 2000 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

11.

The Hon. A. J. Redford to move - That the Regulations under the Development Act 1993, concerning Public Notices, made on 23 December 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

12.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Miscellaneous Road Rules, made on 11 November 1999 and laid on the Table of this Council on 16 November 1999, be disallowed.

 

13.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961, concerning Road Rules - Readers’ Guide, made on 11 November 1999 and laid on the Table of this Council on 16 November 1999, be disallowed.

 

14.

The Hon. A. J. Redford to move - That the Regulations under the Native Vegetation Act 1991, concerning Exemptions, made on 16 December 1999 and laid on the Table of this Council on 28 March 2000, be disallowed.

 

15.

Adjourned debate on motion of the Hon. M. J. Elliott - That the Regulations under the Native Vegetation Act 1991, concerning Exemptions, made on 16 December 1999 and laid on the Table of this Council on 28 March 2000, be disallowed - (May 31) - (The Hon. T. G. Roberts).

 

16.

The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Survival of Causes of Action Act 1940.

 

17.

The Hon. C. A. Pickles to move - That this Council -

 

I.

Condemns the State Government for its failure to provide adequate and ongoing funding for public libraries in South Australia; and

 

 

II.

Acknowledges the social, cultural and economic benefit to the community of accessible and affordable public libraries.

 

 

18.

Adjourned debate on motion of the Hon. R. R. Roberts - That the Regulations under the Plumbers, Gasfitters and Electricians Act 1995, concerning Exemptions, made on 28 October 1999 and laid on the Table of this Council on 9 November 1999, be disallowed - (April 12, May 24) - (The Hon. L. H. Davis).

 

19.

Adjourned debate on motion of the Hon. T. G. Roberts - That this Council -

 

I.

Condemns the Federal Government for its totally inappropriate and insensitive statements on the patronising and failed policy practised for 60 years of removing thousands of Aboriginal children from their parents and extended families into institutions and foster homes; and

 

 

II.

Calls on the Prime Minister and the Minister for Aboriginal and Torres Strait Islander Affairs to correct this unfortunate interpretation of this miscarriage of social and human justice against Aboriginal people.

 

 

To which the Minister for Transport and Urban Planning has moved to amend by leaving out all words after “That this Council” and inserting “, on behalf of the South Australian Parliament, re-states its apology to the Aboriginal people for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.”

Question - That the words proposed to be struck out, stand part of the motion - (April 5, May 24, 31) - (The Hon. J. F. Stefani).

 

20.

Adjourned debate on motion of the Hon. S. M. Kanck - That this Council recommends to the Commonwealth Government that it should -

 

I.

Follow the lead of the South Australian Parliament and express its deep and sincere regret at the forced separation of Aboriginal children from their families and homes; and

 

 

II.

Apologise for disputing the veracity of the term “stolen generation” and adopt that expression as the appropriate nomenclature for referring to the forced removal of Aboriginal children from their parents during the twentieth century - (April 5) - (Minister for Transport and Urban Planning).

 

 

21.

The Hon. A. J. Redford to move - That the Rules under the Racing Act 1976 concerning Harness Racing, made on 11 October 1999 and laid on the Table of this Council on 19 October 1999, be disallowed.

 

22.

Occupational Health, Safety and Welfare (Penalties and Payments) Amendment Bill (No. 62):  adjourned debate on second reading - (April 5) - (The Hon.T. G. Roberts)1.

 

23.

Adjourned debate on motion of the Hon. M. J. Elliott - That the Legislative Council requests the Social Development Committee investigate and report upon the issue of the impact of Attention Deficit Hyperactivity Disorder on South Australian individuals, families and the community, and in particular -

 

I.

recent stimulant medication prescription practices and trends within South Australia;

 

 

II.

appropriate diagnosis and treatment protocols;

 

 

III.

the accessibility of the internationally recognised multi-modal treatment approach to South Australian families of young people with the disorder; and

 

 

IV.

any other related matter - (April 5, May 3) - (The Hon. J.S.L. Dawkins).

 

 

24.

Adjourned debate on motion of the Hon. I. Gilfillan - That this Council recommends to the Government and the House of Assembly the introduction and passage of a Bill to amend the Emergency Services Funding Act 1998 to give effect to the following principles -

 

I.

The amount to be raised by the levy should be limited to $82 million (adjusted to allow for inflation since the beginning of the 1998-1999 financial year;

 

 

II.

The levy should be based on the value of improvements on the subject land and not on the value of that land;

 

 

III.

The categories of land use to be recognised for the purpose of calculating the levy should be defined by regulation to allow for greater flexibility in determining land use factors;

 

 

IV.

Emergency services areas should also be defined by regulation to allow for greater flexibility in determining the area factors; and

 

 

 

V.

The current restrictions on judicial review in section 10(9) of the Act should be removed - (March 29, May 24, 31) - (The Hon. P. Holloway).

 

25.

Constitution (Parliamentary Sittings) Amendment Bill (No. 52):  adjourned debate on second reading - (March 29) - (The Hon. I. Gilfillan)1.

 

26.

The Hon. A. J. Redford to move - That the Regulations under the Road Traffic Act 1961 concerning Driver Hours, made on 23 September 1999 and laid on the Table of this Council on 28 September 1999, be disallowed.

 

27.

Adjourned debate on motion of the Hon. R. R. Roberts - That the Supplementary Report of the Auditor-General, 1998-99, on Civil Proceedings for Defamation against Ministers of the Crown (Payment of Damages and Costs from Public Funds), be noted - (November 17) - (The Hon. R. R. Roberts).

 

28.

The Hon. P. Holloway to move - That the Supplementary Report of the Auditor-General, 1998-99, on Electricity Business Disposal Process in South Australia: Arrangements for the Probity Audit and Other Matters: Some Audit Observations, be noted.

 

29.

Adjourned debate on motion of the Hon. T. G. Cameron -

 

I.

That a Select Committee of the Legislative Council be appointed to investigate and report upon the financial activities which lead to the collapse of G. C. Growden Pty. Ltd. (Mortgage Investments), the financial and legal implications for the investors involved and 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 - (November 17) - (The Hon. T. G. Cameron).

 

 

30.

Members of Parliament (Register of Interests) (Returns) Amendment Bill (No. 38):  in Committee2.

 

31.

Nuclear Waste Storage Facility (Prohibition) Bill (No. 39):  adjourned debate on second reading - (November 17) - (The Hon. P. Holloway)3.

 

32.

Adjourned debate on motion of the Hon. T. G. Cameron - That the Regulations under the Passenger Transport Act 1994 concerning Vehicle Accreditation, made on 17 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed - (October 20, November 10) - (The Hon. C. A. Pickles).

 

33.

Racing (TAB) Amendment Bill (No. 14):  adjourned debate on second reading - (October 20, November 10) - (The Hon. P. Holloway)1.

 

34.

The Hon. C. A. Pickles to move - That the Regulations under the Controlled Substances Act 1984 concerning Expiation of Offences, made on 3 June 1999 and laid on the Table of this Council on 6 July 1999, be disallowed.

 

35.

Gambling Industry Regulation Bill (No. 1):  in Committee - clause 18 - (April 5, 12, May 24, 31)1.

 

36.

Adjourned debate on motion of the Hon. M. J. Elliott -

 

I.

That in the opinion of this Council, a Joint Committee be appointed to inquire into and report on all matters relating to the Hindmarsh Soccer Stadium Redevelopment Project, and in particular -

 

 

 

(a)

Whether there was due diligence by Government representatives prior to the signing of agreements for construction of Stages 1 and 2 of the Project;

 

 

 

(b)

Whether due diligence was applied subsequent to the commitment to Stages 1 and 2, including whether the Crown Solicitor’s advice as described on page 12 of the 33rd Report of the Public Works Committee, August 1996, was adhered to;

 

 

 

(c)

(i)

Whether undue pressure was placed on individuals leading to legal commitment by them on behalf of sporting clubs or associations; and

 

 

 

 

(ii)

The present status of all relevant deeds of guarantee or other legal documents, the financial status of the signatories and whether the legal agreements have created financial difficulty for any non-Government persons or organisations;

 

 

 

(d)

Whether there were any conflicts of interest or other imprudent or improper behaviour by any person or persons, Government or non-Government, involved with the project and whether the appropriate processes were followed in relation to the -

 

 

 

 

(i)

planning stages of the project;

 

 

 

 

(ii)

awarding and monitoring of consultancies;

 

 

†Restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934.

 

 

 

(iii)

tendering process;

 

 

 

 

(iv)

letting of contracts;

 

 

 

 

(v)

construction of the Stadium; and

 

 

 

 

(vi)

ongoing management of the Stadium; and

 

 

 

(e)

Any other related matters.

 

 

II.

The Committee be requested to include in its Report, recommendations for Government and the Parliament where appropriate.

 

 

III.

That in the event of the Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

 

 

IV.

That the Joint Committee be authorised to disclose or publish, as it thinks fit, any evidence or documents presented to the Joint Committee prior to such evidence and documents being reported to the Parliament.

 

 

V.

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

 

 

VI.

That a Message be sent to the House of Assembly transmitting Parts I, II, III and IV and requesting its concurrence thereto and advising the House of Assembly of Part V of this Resolution - (November 17) - (The Hon. C. V. Schaefer).

 

 

37.

Casino (Miscellaneous) Amendment Bill (No. 2): adjourned debate on second reading - (September 29, April 12) - (The Hon. M. J. Elliott)1.

 

38.

The Hon. M. J. Elliott to move - That the Regulations under the Education Act 1972 concerning Materials and Services Charges, made on 4 May 2000 and laid on the Table of this Council on 31 May 2000, be disallowed.

 

 

Orders  of  the  Day:  Government  Business -

 

1.

Listening Devices (Miscellaneous) Amendment Bill (No. 11): adjourned debate on second reading - (September 30) - (The Hon. C. A. Pickles).

 

*2.

Occupational Health, Safety and Welfare (Penalties) Amendment Bill (No. 29):  in Committee - clause 6 - (April 13, May 4).

 

3.

Native Title (South Australia) (Validation and Confirmation) Amendment Bill (No. 45):  adjourned debate on second reading - (November 18, April 5, June 27) - (The Hon. A. J. Redford).

 

4.

Native Title (South Australia) (Miscellaneous) Amendment Bill (No. 46):  in Committee.

 

*5.

Industrial and Employee Relations (Workplace Relations) Amendment Bill (No. 51):  in Committee.

 

6.

Development (System Improvement Program) Amendment Bill (No. 58): adjourned debate on second reading - (March 30, April 12, May 25, June 1) - (The Hon. T. G. Cameron).

 

7.

History Trust of South Australia (Old Parliament House) Amendment Bill (No. 57): adjourned debate on second reading - (March 29, April 4, May 23) - (The Hon. J. F. Stefani).

 

*8.

Petroleum Bill (No. 60):  in Committee.

 

*9.

National Parks and Wildlife (Miscellaneous) Amendment Bill (No. 79): adjourned debate on second reading - (May 3, 23, 30) - (The Hon. M. J. Elliott).

 

*10.

Supply Bill (No. 80):  adjourned debate on second reading - (May 4, 23) - (The Hon. P. Holloway).

 

11.

Statutes Amendment and Repeal (Attorney-General’s Portfolio) Bill (No. 81):  adjourned debate on second reading - (May 4, June 1) - (The Hon. J. F. Stefani).

 

†Restored to the Notice Paper pursuant to section 57 of the Constitution Act 1934.
*Received from House of Assembly.

12.

Building Work Contractors (GST) Amendment Bill (No. 82): adjourned debate on second reading - (May 4, 23, June 27) - (The Hon. R. R. Roberts).

 

*13.

South Australian Forestry Corporation Bill (No. 83): adjourned debate on second reading - (May 4, 23, 31) - (The Hon. C. V. Schaefer).

 

*14.

Forest Property Bill (No. 84): adjourned debate on second reading - (May 4, 31) - (The Hon. C. V. Schaefer).

 

*15.

Boxing and Martial Arts Bill (No. 85):  adjourned debate on second reading - (May 4, 23, 31) - (The Hon. T. Crothers).

 

16.

Statutes Amendment and Repeal (Security and Order at Courts and Other Places) Bill (No. 87):  adjourned debate on second reading - (May 24) - (The Hon. P. Holloway).

 

17.

Liquor Licensing (Miscellaneous) Amendment Bill (No. 88):  adjourned debate on second reading - (May 25, June 27) - (The Hon. C. V. Schaefer).

 

18.

Controlled Substances (Drug Offence Diversion) Amendment Bill (No. 89):  adjourned debate on second reading - (May 25) - (The Hon. P. Holloway).

 

19.

Southern State Superannuation (Contributions) Amendment Bill (No. 90):  adjourned debate on second reading - (May 30) - (The Hon. C. Zollo).

 

*20.

South Australian Motor Sport (Miscellaneous) Amendment Bill (No. 91):  adjourned debate on second reading - (May 30) - (The Hon. P. Holloway).

 

21.

Cremation Bill (No. 92):  adjourned debate on second reading - (May 31, June 27) - (The Hon. A. J. Redford).

 

22.

The Minister for Transport and Urban Planning to move - That this Council requests His Excellency the Governor to make a proclamation under section 29(3) and section 28(1) of the National Parks and Wildlife Act 1972 abolishing the Naracoorte Caves Conservation Park and constituting the land formerly comprising that Park (except for four small parcels that have negligible value) as a national park with the name Naracoorte Caves National Park.

 

*23.

Renmark Irrigation Trust (Rating) Amendment Bill (No. 95):  adjourned debate on second reading - (June  27) - (The Hon. P. Holloway).

 

*24.

Gas (Miscellaneous) Amendment Bill (No. 96): adjourned debate on second reading - (June  27) - (The Hon. P. Holloway).

 

WEDNESDAY  5  JULY  2000

 

 

Orders  of  the  Day:  Private  Business -

 

1.

Select Committee on Outsourcing of State Government Services:  Report to be brought up.

 

2.

Select Committee on Wild Dog Issues in the State of South Australia:  Report to be brought up.

 

3.

Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia:  Report to be brought up.

 

4.

Select Committee on the Future of the Queen Elizabeth Hospital:  Report to be brought up.

 

___________

 

 

 

*Received from House of Assembly.

 

Contingent  Notices  of  Motion -

 

1.

Contingently, on the second reading of any Bill being moved, or on any Bill being reported, the Treasurer to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

2.

Contingently, on the second reading of the Gambling Industry Regulation Bill being moved, or on the Bill being reported, The Hon. N. Xenophon to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

3.

Contingently, on the second reading of the Casino (Miscellaneous) Amendment Bill being moved, or on the Bill being reported, The Hon. N. Xenophon to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

4.

Contingently, on the second reading of the Racing (TAB) Amendment Bill being moved, or on the Bill being reported, The Hon. N. Xenophon to move - That the Standing Orders be so far suspended as to enable the Bill to pass through the remaining stages without delay.

 

 

 

J. M. DAVIS,

Clerk of the Legislative Council.

 

 

*Received from House of Assembly.

 

Member in charge of Bill -
1Hon. N. Xenophon
2Hon. T. G. Cameron
3Hon. S. M. Kanck