SOUTH AUSTRALIA]

No. 67

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  27  NOVEMBER  2001

 

 

 

   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. 16.

                 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. 58 of 2001 - An Act to lay down principles to govern the treatment of victims of crime in the criminal justice system; to provide limited rights to statutory compensation for injury suffered as a result of the commission of criminal offences; to repeal the Criminal Injuries Compensation Act 1978; to make related amendments to other Acts; and for other purposes.

                 No. 59 of 2001 - An Act to amend the Retirement Villages Act 1987 and to make a related amendment to the Residential Tenancies Act 1995.

Government House, Adelaide, 27 November 2001.        MARJORIE JACKSON-NELSON, Governor.

 

Message from
Governor:
Assent to Bills.

   3.

Answers to Questions on Notice Nos. 53, 95, 104, 106 and 109 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 President -

                 Reports, 2000-2001 -

                          Employee Ombudsman.

                          Police Complaints Authority.

                 Corporation/District Council Reports, 2000-2001.

                          Adelaide Hills.

                          Berri Barmera.

                          Burnside.

                          Loxton Waikerie.

                          Whyalla.

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

                 Reports, 2000-2001 -

                          Capital City Committee.

                          Operations of the Auditor-General’s Department.

 

Papers.

 

                          Police Superannuation Board.

                          South Australian Multicultural and Ethnic Affairs Commission.

                 Distribution Lessor Corporation Charter.

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

                 Reports, 2000-2001 -

                          Claims against the Legal Practitioners Guarantee Fund.

                          Commissioner for Consumer Affairs.

                          Courts Administration Authority.

                          Legal Practitioners Conduct Board.

                          Legal Practitioners Disciplinary Tribunal.

                          Legal Services Commission of South Ausralia.

                          Pastoral Board of SA.

                          Public Trustee.

                          Soil Conservation Boards.

                          South Australian Independent Pricing and Access Regulator.

                          State Electoral Office - South Australia.

                          Suppression Orders - pursuant to section 71 of the Evidence Act 1929.

                          Technical Regulator - Gas.

                 Pig Industry Advisory Group - Report, 31 October 2001.

                 Regulations under the following Acts -

                          Explosives Act 1936 -

                                   Fireworks.

                                   Miscellaneous.

                 Rules of Court -

                          District Court - District Court Act 1991 - Statutory Jurisdiction.

                          Supreme Court - Supreme Court Act 1935 -

                                   Miscellaneous.

                                   Criminal Rules - Miscellaneous.

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

                 Reports, 2000-2001 -

                          Correctional Services Advisory Council.

                          Department for Correctional Services.

                          SA Ambulance Service.

                          South Australian Metropolitan Fire Service.

                          State Emergency Service.

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

                 Reports, 2000-2001 -

                          Administration of the Radiation Protection and Control Act 1982.

                          Local Government Superannuation Board.

                 Regulation under the following Acts-

                          Passenger Transport Act 1994 - Taxi Fares.

                 District Council By-laws -

                          Barossa - No. 6 - Moveable Signs.

                          Coorong - Al-H2 - Revision.

 

 

   5.

The Hon. A. J. Redford brought up the Final Report of the Select Committee on Wild Dog Issues in the State of South Australia.

                 Ordered - That the Report be printed.  (Paper No. 250)

 

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

   6.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. I. F. Evans, M.P.) concerning Gammon Ranges.

 

Paper Tabled.

   7.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 12 be postponed and taken into consideration after Order of the Day (Government Business) No. 13.

 

Postponement
of Business.

   8.

On the Order of the Day being read for the adjourned debate on the question - That the State Supply (Miscellaneous) 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.

 

State Supply
(Miscellaneous)
Amendment Bill.

   9.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for Tuesday, 12 February 2002.

 

Postponement
of Business.

10.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 12 and No. 14 to No. 19 be postponed and taken into consideration on motion.

 

Postponement
of Business.

11.

Ordered - That the adjourned debate on the question - That the Legal Services Commission (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Legal Services
Commission
(Miscellaneous)
Amendment Bill.

 

12.

Ordered - That the adjourned debate on the question - That the Legal Practitioners (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

13.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Courts and Judicial Administration) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment
(Courts and Judicial
Administration)
Bill.

 

14.

Ordered - That the adjourned debate on the question - That the Volunteers Protection 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

 

                          Clauses No. 1 to No. 6 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.

 

Volunteers
Protection Bill.

15.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Courts and Judicial Administration) 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

 

                          Clauses No. 1 to No. 5 agreed to.

                          Clause No. 6 amended and agreed to.

                          Clauses No. 7 to No. 25 agreed to.

                          New clause No. 25A inserted.

 

Statutes
Amendment
(Courts and Judicial
Administration)
Bill.

 

 

                          New clause No. 25B inserted.

                          Clauses No. 26 to No. 33 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 amended title; whereupon the Council adopted such report.

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

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

16.

Ordered - That the adjourned debate on the question - That the Legal Services Commission (Miscellaneous) 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

 

                          Clauses No. 1 to No. 12 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

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

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

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Legal Services
Commission
(Miscellaneous)
Amendment Bill.

 

17.

Ordered - That the adjourned debate on the question - That the Legal Practitioners (Miscellaneous) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Legal Practitioners
(Miscellaneous)
Amendment Bill.

 

18.

Ordered - That the adjourned debate on the question - That the Prices (Prohibition on Return of Unsold Bread) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

 

Prices (Prohibition
on Return of
Unsold Bread)
Amendment Bill.

 

19.

On the Order of the Day being read for the adjourned debate on the question - That the State Supply (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. 10 agreed to.

                          Title agreed to.

_____________________

 

State Supply
(Miscellaneous)
Amendment Bill.

 

                 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 Disability Services (The Hon. R. D. Lawson), 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.

 

 

20.

Ordered - That the adjourned debate on the question - That the Statutes Amendment (Transport Portfolio No. 2) Bill be now read a second time - be now resumed.

                 Debate resumed.

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

 

Statutes
Amendment (Transport Portfolio No. 2) Bill.

 

  21.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Freedom of Information (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          Clause No. 3 read.

                 The Hon. I. Gilfillan moved on page 3, lines 9 and 10, to leave out paragraph (a) and insert the following:

                               (a)      by striking out subsection (1) and substituting the following subsection:

                                                   (1) The objects of this Act are—

                                                   (a)     to increase progressively the availability of information held by government to the people of the State in order—

                                                              (i)     to enable their more effective participation in the making and administration of laws and policies; and

                                                              (ii)    to promote the accountability of Ministers of the Crown and other agencies and thereby to enhance respect for the law and to promote the good government of the State; and

                                                   (b)     to provide for proper access by members of the public to information held by government; and

                                                   (c)      to protect information held by government to the extent consistent with the public interest and the preservation of personal privacy; and

                                                   (d)     to ensure that records held by government concerning the personal affairs of members of the public are not incomplete, incorrect, out-of-date or misleading.;

                          (ab)      by striking out from paragraph (a) of subsection (2) "the Government" (twice occurring) and substituting, in each case, "government";

                          (ac)      by striking out paragraph (b) of subsection (2) and substituting the following paragraph:

                                        (b)     conferring on each member of the public a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest and the preservation of personal privacy; and;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 3 agreed to.

                          Clause No. 4 read.

                 The Hon. I. Gilfillan moved on page 4, lines 21 to 22, to leave out paragraph (c).

                 Question - That the amendment be agreed to - put.

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. D. Lawson (Teller)

 

 

 

 

                 To report progress and ask leave to sit again.

_____________________

 

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

 

 

 

22.

At one minute 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.

 

Suspension and
Resumption of
Sitting.

 

 

  23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Freedom of Information (Miscellaneous) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. I. Gilfillan moved on page 4, after line 27, to insert new definition as follows:

‘“exempt matter” means matter within a document which, by virtue of schedule 1, makes the document an exempt document;’

                 Question - That the amendment be agreed to - put and negatived.

                 The Hon. I. Gilfillan moved on page 5, after line 5, to insert new paragraph as follows:

(ha)  by striking out from subsection (1) the definition of “restricted document”;’.

                 Question - That the amendment be agreed to - put.

Freedom of
Information
(Miscellaneous)
Amendment Bill.

 

             Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. D. Lawson (Teller)

 

 

 

 

                 The Hon. I. Gilfillan moved on page 5, after line 11, to insert new paragraph as follows:

                          (l)       by inserting after subsection (4) the following subsection:

                                                   (4a) If an agency engages an independent contractor, it will be taken to be a condition of the contract between the agency and the contractor that the agency has an immediate right of access to all information held by the contractor in the contractor's capacity as such (notwithstanding any agreement between an agency and an independent contractor to the contrary).”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 4, as otherwise amended, agreed to.

                          Clauses No. 5 to No. 14 agreed to.

                          Clause No. 15 read.

                 The Hon. I. Gilfillan moved on page 7, lines 32 to 35, to leave out the clause and insert new clause as follows:

                  Amendment of s. 20—Refusal of access

                          15. Section 20 of the principal Act is amended—

                          (a)        by inserting in subsection (1)(a) "subject to subsection (4)," before "if";

                          (b)        by striking out subsection (3);

                          (c)        by striking out from subsection (4) "(even though the exempt document may be a restricted document subject to a Ministerial certificate)".”.

                 Question - That clause No. 15 stand as printed - put and passed.

                          Clause No. 15 agreed to.

                          Clauses No. 16 to No. 18 agreed to.

                 The Hon. I. Gilfillan moved on page 9, after line 3, to insert new clause as follows:

                           Repeal of s. 28

                                    18A. Section 28 of the principal Act is repealed.”

                 Question - That new clause No. 18A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                          Clauses No. 19 to No. 25 agreed to.

                          Clause No. 26 read.

                 The Hon. I. Gilfillan moved on page 11, lines 6 to 9, to leave out the clause and insert new clause as follows:

                  Substitution of ss. 40 and 41

                          26. Sections 40 and 41 of the principal Act are repealed and the following section is substituted:

                          Person may appeal against determination to District Court

                                        40. (1) A person may, by leave of the District Court, appeal against a determination to the District Court on a question of law.

                                        (2) Proceedings under this section relating to a determination—

                                        (a)     must not be commenced unless the determination has been the subject of a review by the Ombudsman or the Police Complaints Authority under this Part; and

                                        (b)     must be commenced within 30 days after notice of the decision on that review is given to the applicant.”.

                 Question - That clause No. 26 stand as printed - put and passed.

                          Clause No. 26 agreed to.

                          Clauses No. 27 to No. 33 agreed to.

                          Clause No. 34 read.

                 The Hon. I. Gilfillan moved on page 15, after line 19, to insert new paragraph as follows:

                                   “(ea)  by striking out subclause (2) of clause 6;”.

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 34 agreed to.

                          Clause No. 35 read.

                 The Hon. I. Gilfillan moved on page 16, lines 22 to 26, to leave out paragraphs (a) and (b) and insert new paragraphs as follows:

                          (a)      by striking out paragraphs (a), (b), (c) and (d);

                            (b)      by striking out paragraphs (f) and (g);

                          (ba)      by striking out paragraph (j);”.

                 The Minister for Disability Services moved on page 16, line 26, after “Commission” to insert “in respect of any matter relating to a claim or action under Part 4 of the Motor Vehicles Act 1959”.

 

 

 

                 Question - That paragraph (a) stand as printed - put and negatived.

                 Question - That paragraph (a), as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and passed.

                 Question - That paragraph (b) stand as printed - put and passed.

                 Question - That the amendment moved by the Minister for Disability Services be agreed to - put and passed.

                 The Minister for Disability Services moved on page 17, after line 4, to insert new paragraph as follows:

                          “(q) the Local Government Association.”.

                 Question - That the amendment be agreed to - put.

 

 

             Committee divided:

Ayes, 11

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. D. Lawson (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon (Teller)

 

 

 

 

                          Clause No. 35, as amended, agreed to.

                          Clauses No. 36 and No. 37 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

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

                 The Minister for Disability Services, 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 Minister for Disability Services moved - That this Bill be now read a third time.

                 Debate ensued.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

24.

Ordered - That the adjourned debate on the question - That the Gene Technology 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

 

                          Clauses No. 1 to No. 194 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

Gene Technology
Bill.

 

 

 

                 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.

 

 

25.

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

Message No. 128

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Workers Rehabilitation and Compensation Act 1986, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 November 2001.                                                           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.

 

Message from
House of Assembly:
Workers
Rehabilitation and
Compensation
(Miscellaneous)
Amendment Bill.

 

26.

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

                 Debate resumed.

_____________________

 

And it being twelve of the clock:

WEDNESDAY 28 NOVEMBER 2001

_____________________

 

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

 

Aquaculture Bill.

 

27.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for Tuesday, 12 February 2002.

 

Postponement
of Business.

28.

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

 

Postponement
of Business.

29.

Council adjourned at two minutes past twelve o’clock midnight until today 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. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo