[SOUTH AUSTRALIA]

No. 18

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  28  MARCH  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. 1.

                 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. 64 of 1999 - An Act to provide for the implementation of new legislation relating to the system of local government in the State by the repeal or amendment of certain legislation and the enactment of transitional provisions; and for other purposes.

                 No. 65 of 1999 - An Act to amend the Judicial Administration (Auxiliary Appointments and Powers) Act 1988.

                 No. 66 of 1999 - An Act to amend the Magistrates Court Act 1991 and the Supreme Court Act 1935.

                 No. 67 of 1999 - An Act to amend the Motor Vehicles Act 1959.

                 No. 68 of 1999 - An Act to amend the Highways Act 1926.

                 No. 69 of 1999 - An Act to amend the Office for the Ageing Act 1995.

                 No. 70 of 1999 - An Act to repeal The Carriers Act 1891.

                 No. 71 of 1999 - An Act to provide for the administration and operation of State taxing laws that are applied as Commonwealth laws in relation to Commonwealth places, and for related purposes.

                 No. 72 of 1999 - An Act to amend the Guardianship and Administration Act 1993.

                 No. 73 of 1999 - An Act to amend the Mining Act 1971 and to make related amendments to the Development Act 1993.

                 No. 74 of 1999 - An Act to amend the Electricity Act 1996, the Electricity Corporations  Act  1994 and the Electricity Corporations (Restructuring and Disposal) Act 1999.

                 No. 75 of 1999 - An Act to repeal the Whaling Act 1937.

                 No. 76 of 1999 - An Act to amend the Alice Springs to Darwin Railway Act 1997.

                 No. 77 of 1999 - An Act to amend the Barley Marketing Act 1993.

                 No. 78 of 1999 - An Act to amend the Building Work Contractors Act 1995.

                 No. 79 of 1999 - An Act to amend the Criminal Law (Sentencing) Act 1988.

                 No. 80 of 1999 - An Act to amend the Criminal Law Consolidation Act 1935; and to make a related amendment to the Summary Procedure Act 1921.

                 No. 81 of 1999 - An Act to amend the Heritage Act 1993.

 

Message from

Governor:

Assent to Bills.

 

                 No. 82 of 1999 - An Act to ensure payment to the Crown of certain amounts on account of the construction of a bridge between Goolwa and Hindmarsh Island; and for other purposes.

                 No. 83 of 1999 - An Act to amend the Land Tax Act 1936.

                 No. 84 of 1999 - An Act to amend the Legal Practitioners Act 1981.

                 No. 85 of 1999 - An Act to amend the Prevention of Cruelty to Animals Act 1985.

                 No. 86 of 1999 - An Act to amend the Southern State Superannuation Act 1994.

                 No. 87 of 1999 - An Act to amend the Southern State Superannuation Act 1994 and the Superannuation (Visiting Medical Officers) Act 1993.

                 No. 88 of 1999 - An Act to amend The Flinders University of South Australia Act 1966, the Ombudsman Act 1972, the University of Adelaide Act 1971 and the University of South Australia Act 1990.

Government House, Adelaide, 28 March 2000.                                                     E. J. NEAL, Governor.

 

 

   3.

The Treasurer (The Hon. R. I. Lucas), by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. Dame Roma Mitchell, A.C., D.B.E., C.V.O., former Governor of South Australia, and places on record its appreciation of her distinguished public service and that, as a mark of respect to her memory, the sitting of the Council be suspended until the ringing of the bells.

                 And being supported by the Hon. C. A. Pickles, the Hon. M. J. Elliott, the Attorney-General (The Hon. K. T. Griffin), the Minister for Transport and Urban Planning (The Hon.
D. V. Laidlaw), the Hon. C. Zollo, the Hon. I. Gilfillan, the Minister for Disability Services (The Hon. R. D. Lawson), the Hon. L. H. Davis, the Hon. R. R. Roberts, the Hon. A. J. Redford and the Hon. C. V. Schaefer.

                 Motion carried in silence, Members standing in their places.

 

Death of Hon.

Dame Roma

Mitchell, A.C.,

D.B.E., C.V.O.

   4.

At twenty minutes to four o’clock the sitting was suspended until the ringing of the bells.

                 At three minutes to four o’clock the sitting was resumed.

 

Suspension and

Resumption of

Sitting.

 

   5.

Answers to Questions on Notice Nos. 1, 4, 5, 7, 8, 15, 16, 26, 28, 29, 32, 36, 37, 39, 41, 43, 49 to 51, 58 to 61, 63, 64, 66, 68 and 73 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   6.

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

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

                  Reports, 1998-99 -

                          Adelaide Entertainment Centre.

                          Department of Education, Training and Employment - Children’s Services.

                          ETSA Contributory and Non-Contributory Schemes.

                 Flinders University of South Australia - Report, 1998.

                 Regulations under the following Acts -

                          Commonwealth Places (Mirror Tax Administration) Act 1999 - Modification of State Taxing Laws.

                          Electricity Act 1996 -

                                   Administrative Costs.

                                   General - Undergrounding of Powerlines.

                          Petroleum Products Regulation Act - Variation of Prescribed Rate.

                          Public Corporations Act 1993 -

                                    ETSA Energy Corporation.

                                    Land and Management Corporation Variation.

                                    RESI Power Corporation.

                                    Transmission Laser Corporation.

                          Southern State Superannuation Act 1994 - Prescription of Enterprise Agreement.

                          Superannuation Act 1988 - Commutation.

                 Inquiry into the Cost of Record Keeping to Comply with the Petroleum Subsidy Scheme - Report.

                 Ministerial Directions -

                          ETSA Corporation Directions.

                          Distribution Lessor Corporation.

                          SA Generation Corporation.

                          RESI Corporation.

 

Papers.

 

                 Electricity Supply Industry Planning Council - Charter.

                 Adelaide Casino Pty. Ltd. -

                          Approved Licensing Agreement.

                          Casino Duty Agreement.

                 Public Sector Management Act 1995 - Report.

                 Flinders University of South Australia - Statute Amendments (2).

        By the Minister for Industry and Trade (The Hon. R. I. Lucas) -

                 Regulation under the following Act -

                          Local Government Finance Authority Act 1983 - Variation of Schedule.

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

                 Reports, 1998-99 -

                          Corporate Affairs Commission.

                          Justice Portfolio Erratum.

                          Juvenile Justice Advisory Committee.

                          National Crime Authority.

                          South Australian Official of Financial Supervision.

                          Veterinary Surgeons Board of South Australia.

                          WorkCover Corporation.

                 Regulations under the following Acts -

                          Fisheries Act 1982 - General - Cooper and Diamantina Creeks.

                          Freedom of Information Act 1991 - Exempt Agency - Independent Industry Regulator.

                          Gas Pipelines Access (South Australia) Act 1997 - Principal.

                          Legal Practitioners Act 1981 - Variation - Records.

                          Prevention of Cruelty to Animals Act 1985 -

                                   Fees/Codes of Practice.

                                   General.

                          Shop Trading Hours Act 1977 - Hardware.

                          State Records Act 1997 - Electricity Business Exclusions.

                          Workers Rehabilitation and Compensation Act 1986 -

                                   Claims and Registration.

                                   Claims and Registration - Crown Agencies.

                                   Claims and Registration - Variations.

                                   Disclosure of Information.

                                   General.

                                   Physiotherapy Service Charges.

                                   Review and Appeals.

                                   Scale of Charges - Private Hospitals.

                                   Substituting Disclosure of Information - General.

                 Rules -

                          Rules of Court -

                                   District Court - District Court Act 1991 - Consquential Amendment.

                                   Magistrates Court - Magistrates Court Act 1991 - Amendment No. 16 - Penalty Management.

                                   Supreme Court - Supreme Court Act 1935 -

                                           Corporation Law Rules 2000 (South Australia).

                                           Form 44A Notice of Appeal.

                 Remuneration Tribunal -

                          Determinations 1 and 2.

                          Determination 4.

                          Determination 5.

                          Determinations 6 and 7.

                          Determination 8.

                          Determination 9.

                 Summary Offences Act 1953 -

                          Dangerous Area Declarations -

                                   1 July 1999 to 30 September 1999.

                                   1 October 1999 to 31 December 1999.

                          Road Block Establishment Authorisations -

                                   1 July 1999 to 30 September 1999.

                                   1 October 1999 to 31 December 1999.

 

 

 

                  Liquor Licensing Act 1997 - Review of “Responsible Persons” Exemption Provisions, Section 97.

                 Progress of State Agencies in the detection, prevention and remedy of problems relating to year 2000 processing - Third Quarterly Report.

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

                 Regulation under the following Act -

                          Police Act 1998 - Transfer to Higher Rank.

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

                 Regulations under the following Acts -

                          Criminal Law (Sentencing) Act 1988 - Sentencing Regulations 2000.

                          Expiation of Offences Act 1996 - Forms - Variation.

                          Land Agents Act 1994 - Qualifications - Sales Representatives.

                          Liquor Licensing Act 1997 - Dry Areas -

                                   Aberfoyle Park.

                                   Adelaide.

                                   Normanville.

                                   Oaklands Park.

                                   Port Pirie.

                          Plumbers, Gas Fitters and Electricians Act 1995 - State Employees Exemptions.

                          Residential Tenancies Act 1995 -

                                   Rooming Houses.

                                   Schedules Variations.

                          Retail and Commercial Leases Act 1995 - Exclusions from Application of Act.

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

                 Reports, 1998-99 -

                          National Environment Protection Council.

                          SA Greyhound Racing Authority.

                 Regulations under the following Acts -

                          City of Adelaide Act 1998 -

                                   Elections and Polls - Variation.

                                   Members’ Allowances and Benefit - Variation.

                          Development Act 1993 -

                                   Electricity Businesses.

                                   Public Notices.

                                   Variation - Aboriginal Land.

                          Harbors and Navigation Act 1993 -

                                   Port Vincent.

                                   Variations.

                          Local Government Act 1999 -

                                   Amendment of Superannuation Scheme Rules.

                                   Financial Management.

                                   General.

                                   Members’ Allowances and Benefits.

                          Local Government (Elections) Act 1999 - Elections.

                          Local Government (Implementation) Act 1999 - Principal.

                          Motor Vehicles Act 1959 -

                                   Demerit Points.

                                   Exemption from s.41(2).

                          Native Vegetation Act 1991 - Exemptions.

                          Physiotherapists Act 1991 - Qualifications.

                          Road Traffic Act 1961 -

                                   Application of Regulations.

                                   Declaration of Hospitals.

                                   Mass and Loading Requirements.

                                   Miscellaneous Provisions.

                                   Miscellaneous Variations.

                                   Oversize or Overmass Vehicle Exemptions.

                                   Recurrent Offenders.

                                   Vehicle Standards Rules.

                          South Australian Co-operative and Community Housing -

                                   General - Variation.

                                   Housing Associations - Variation.

 

 

 

                          South Australian Housing Trust Act 1995 - General - Conditions of Tenancy.

                           State Emergency Service Act 1987 - Registration of SES Unit.

                          Tobacco Products Regulation Act 1997 - Sale to Children.

                 By-laws -

                          Architects Act 1939 - Variation.

                          South Australian Health Commission -

                                   Kingston Soldiers’ Memorial Hospital Incorporated.

                                   Naracoorte Health Service Incorporated.

                 Rules -

                          Racing Act 1976 -

                                   Conduct of on-Course Totalizator Agency Betting.

                                   Harness Racing - Body Protector.

                 Barossa Council - Barossa (DC) and Mount Pleasant (DC) Development Plan - Report on Interim Operation.

                 Construction of a Training Centre for Juvenile Males and Females at Cavan - Crown Development Report.

                 Interim Operation of the City of Onkaparinga - Willunga (DC) (Metropolitan) - Rural Lands Plan Amendment Report.

                 Road Traffic (Road Events) Amendment Act 1998 - Review.

                 Southern Mallee District Council - Consolidation and General Review Plan Amendment Report - Report on Interim Operation.

                 South Australian Housing Trust - Code of Practice.

 

 

   7.

The Attorney-General tabled a copy of a Ministerial Statement made by the Minister for Police, Correctional Services and Emergency Services (The Hon. R. Brokenshire, M.P.) concerning Recent Prisoner Escapes from Mobilong Prison and Adelaide Airport.

 

Paper Tabled.

   8.

The Minister for Transport and Urban Planning, without notice, moved – That the Standing Orders be so far suspended as to enable her to move for the substitution, by motion, of a Member on the Joint Committee on Transport Safety.

                 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.

 

 

                 The Minister for Transport and Urban Planning moved - That the Hon. A. J. Redford be substituted in the place of the Minister for Transport and Urban Planning, resigned, on the Joint Committee on Transport Safety.

                 Question put and passed.

 

Joint Committee on Transport Safety -Substitution of Member.

   9.

The Hon. I. Gilfillan gave Notice of Motion to introduce a Bill for an Act to amend the Emergency Services Funding Act 1988.

                 The President made the following Ruling:

                 “I rule that this Notice of Motion be not printed as it is contrary to the Constitution Act 1934, being deemed a Money Bill because it deals with taxation, and therefore cannot be introduced in the Legislative Council.”

       

President’s Ruling.

10.

The Treasurer, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to have replies to questions asked earlier this Session by several Members incorporated in Hansard.

                 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.

11.

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. 22.

 

Postponement

of Business.

12.

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

                 Debate resumed.

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

 

Wrongs (Damage

by Aircraft) Amendment Bill.

13.

Ordered - That Order of the Day (Government Business) No. 14 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the question - That the District Court (Administrative and Disciplinary Division) 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.

 

District Court (Administrative

and Disciplinary Division) Amendment Bill.

15.

Ordered - That Orders of the Day (Government Business) No. 16 and No. 17 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

16.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Miscellaneous No. 2) 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.

 

Road Traffic (Miscellaneous

No. 2) Amendment Bill.

17.

Ordered - That Order of the Day (Government Business) No. 19 be postponed and taken into consideration on motion.

 

Postponement

of Business.

18.

Ordered - That Order of the Day (Government Business) No. 20 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

19.

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

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Summary

Offences (Searches) Amendment Bill.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Young Offenders (Publication of Information) 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.

 

Young Offenders (Publication of Information) Amendment Bill.

21.

Ordered - That Orders of the Day (Government Business) No. 1 and No. 2 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 Prices (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.

 

Prices

(Miscellaneous) Amendment Bill.

23.

Ordered - That the adjourned debate on the question - That the District Court (Administrative and Disciplinary Division) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

District Court (Administrative and Disciplinary Division)  Amendment Bill.

 

24.

Ordered - That Orders of the Day (Government Business) No. 4 to No. 8 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

25.

On the Order of the Day being read for the adjourned debate on the question - That the Transplantation and Anatomy (Consent to Blood Donation) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

 

In the Committee

 

                          Clauses No. 1 and No. 2 agreed to.

                          Title agreed to.

_____________________

 

Transplantation

and Anatomy

(Consent to

Blood Donation) 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 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.

 

 

27.

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

 

Postponement

of Business.

28.

Council adjourned at thirteen minutes past six o’clock until tomorrow at fifteen minutes past two o’clock.

 

Next Day

of Sitting.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

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  29  MARCH  2000

 

 

 

Notices  of  Motion:  Private  Business -

 

1.

The Hon. A. J. Redford to move - That the Regulations under the Electricity Act 1996 concerning the Industry Regulator, made on 30 September 1999 and laid on the Table of this Council on
19 October 1999, be disallowed.

 

2.

The Hon. A. J. Redford to move - That the Regulations under the Fisheries Act 1982 concerning Lobster Pots Age Restriction, made on 7 October 1999 and laid on the Table of this Council on
19 October 1999, be disallowed.

 

3.

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.

 

4.

The Hon. N. Xenophon to move - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986.

 

5.

The Hon. M. J. Elliott to move - 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.

 

 

6.

The Hon. I. Gilfillan to move - That this Council recommend 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.

 

 

7.

The Hon. N. Xenophon to move - That he have leave to introduce an Bill for an Act to amend the Constitution Act 1934.

 

 

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.

The Hon. A. J. Redford to move - That the Regulations under the Electricity Corporations (Restructuring and Disposal) Act 1999 concerning Leigh Creek Mining, made on 29 July 1999 and laid on the Table of this Council on 3 August 1999, be disallowed.

 

5.

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.

 

6.

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).

 

7.

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.

 

8.

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).

 

 

9.

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

 

10.

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

 

11.

The Hon. A. J. Redford to move - That the Regulations under the Freedom of Information Act 1991 concerning Exempt Agencies, made on 29 July 1999 and laid on the Table of this Council on 3 August 1999, be disallowed.

 

12.

Adjourned debate on motion of the Hon. L. H. Davis - That this Council commends the Federal, South Australian and Northern Territory Governments for their financial support of the Alice Springs-Darwin railway and recognises -

 

I.

The jobs this project will create in regional South Australia; and

 

 

II.

The long-term economic benefits to South Australia which will be generated by this new rail link - (November 10) - (The Hon. C. A. Pickles).

 

 

13.

Adjourned debate on motion of the Hon. M J. Elliott - That this Council expresses concern over the pressure placed on school councils and school communities to enter Partnerships 21 rapidly without a chance to properly assess the impact on their schools in both the long and short term -
(November 10) - (The Hon. C. A. Pickles).

 

14.

The Hon. A. J. Redford to move - That the Regulations under the Criminal Law (Forensic Procedures) Act 1998 concerning Qualified Persons, made on 15 July 1999 and laid on the Table of this Council on 27 July 1999, be disallowed.

 

 

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

15.

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).

 

16.

Adjourned debate on motion of the Hon. N. Xenophon - That this Council agrees to the following -

 

I.

That Travel Reports of Members of Parliament be tabled in Parliament and be made available on the Parliamentary Internet site within 14 days of any such Reports being provided to the Presiding Officers as required under the Members of Parliament Travel Entitlement Rules.

 

 

II.

That this Resolution be transmitted to the House of Assembly for its concurrence - (October 20) - (The Hon. T. G. Roberts).

 

 

17.

Adjourned debate on motion of the Hon. C. V. Schaefer - That the Report of the Social Development Committee on an Inquiry into the Voluntary Euthanasia Bill 1996, be noted - (October 20, November 17) - (The Hon. P. Holloway).

 

18.

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

 

19.

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.

 

20.

The Hon. N. Xenophon to move - That the Legislative Council requests the Legislative Review Committee to investigate and report upon the issue of the treatment of disqualified legal practitioners and their association with legal practice during any such disqualification.

 

21.

The Hon. J.S.L. Dawkins to move - That the Environment, Resources and Development Committee investigate and report on Ecotourism in South Australia, having regard to -

 

I.

The appropriate scale, form and location of ecotourism developments;

 

 

II.

The environmental impacts of such developments;

 

 

III.

The benefits to regional communities and the state of such tourism;

 

 

IV.

strategies for promoting ecotourism; and

 

 

V.

any other relevant matter.

 

 

22.

Adjourned debate on motion of the Treasurer - That the Report of the Auditor-General, 1998-99, be noted - (October 20, November 10) - (The Hon. P. Holloway).

 

23.

Gambling Industry Regulation Bill (No. 1):  in Committee1.

 

24.

Casino (Miscellaneous) Amendment Bill (No. 2): adjourned debate on second reading -
(September 29) - (The Hon. T. G. Roberts)1.

 

25.

Adjourned debate on motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee on Mining Oil Shale at Leigh Creek, be noted -
(November 17) - (The Hon. M. J. Elliott).

 

26.

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;

 

 

 

 

(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).

 

 

 

Notices  of  Motion:  Government  Business -

 

1.

The Attorney-General to move - That he have leave to introduce a Bill for an Act to amend the Correctional Services Act 1982; the Criminal Law (Sentencing) Act 1988 an the Young Offenders Act 1993.

 

2.

The Minister for Transport and Urban Planning to move - That she have leave to introduce a Bill for an Act to amend the Development Act 1993 and to make related amendments to the Environment Protection Act 1993, the Environment, Resources and Development Court Act 1993, the Irrigation Act 1994, the Native Vegetation Act 1991, the Roads (Opening and Closing) Act 1991 and the Water Resources Act 1997.

 

3.

The Minister for Transport and Urban Planning to move - That she have leave to introduce a Bill for an Act to amend the Highways Act 1926.

 

4.

The Minister for Transport and Urban Planning to move - That she have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

 

5.

The Minister for Transport and Urban Planning to move - That she have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

6.

The Minister for Transport and Urban Planning to move - That she have leave to introduce a Bill for an Act to amend the History Trust of South Australia Act 1981 and to make a related amendment to the Parliament (Joint Services) Act 1985.

 

7.

The Minister for Transport and Urban Planning to move - That this Council -

 

I.

Congratulates the Artistic Directors, Chairs and Board Members and Management on the outstanding success of both the Telstra Adelaide Festival and Adelaide Fringe 2000; and

 

 

II.

Thanks both Robyn Archer and Barbara Wolke for their creativity and commitment in presenting challenging and exciting performances and exhibitions which were strongly supported by South Australians and interstate and overseas visitors.

 

 

 

 

 

Orders  of  the  Day:  Government  Business -

 

1.

Liquor Licensing (Regulated Premises) Amendment Bill (No. 3):  adjourned debate on second reading - (September 29, October 21, 28, November 11) - (The Hon. I. Gilfillan).

 

2.

Criminal Law Consolidation (Appeals) Amendment Bill (No. 4):  adjourned debate on second reading - (September 29, October 19, 21, 28) - (The Hon. L. H. Davis).

 

3.

Prices (Miscellaneous) Amendment Bill (No. 22):  adjourned debate on second reading -
(October 27, March 28) - (The Hon. C. V. Scheafer).

 

4.

Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill (No. 10): adjourned debate on second reading - (September 30, November 9) - (The Hon. J.S.L. Dawkins).

 

5.

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

 

6.

Goods Securities (Miscellaneous) Amendment Bill (No. 16):  adjourned debate on second reading - (October 20) - (The Hon. P. Holloway).

 

7.

Criminal Law Consolidation (Sexual Servitude) Amendment Bill (No. 17):  adjourned debate on second reading - (October 20, November 9) - (The Hon. J.S.L. Dawkins).

 

*8.

South Australian Health Commission (Direction of Hospitals and Health Centres) Amendment Bill (No. 19):  adjourned debate on second reading - (October 27, November 16) - (The Hon. P. Holloway).

 

9.

Adjourned debate on motion of the Minister for Transport and Urban Planning - That the Report of the Joint Committee on Transport Safety on the Driver Training and Testing Inquiry be noted - (October 28, November 11) - (The Hon. C. V. Schaefer).

 

*10.

Offshore Minerals Bill (No. 27):  adjourned debate on second reading - (November 9) - (The Hon.
T. G. Roberts).

 

*11.

Occupational Health, Safety and Welfare (Penalties) Amendment Bill (No. 29): adjourned debate on second reading - (November 9, 11) - (The Hon. M. J. Elliott).

 

12.

Wrongs (Damage by Aircraft) Amendment Bill (No. 35):  adjourned debate on second reading - (November 10, March 28) - (The Hon. S. M. Kanck).

 

*13.

Government Business Enterprises (Competition) (Miscellaneous) Amendment Bill (No. 37): adjourned debate on second reading - (November 18) - (The Hon. P. Holloway).

 

14.

District Court (Administrative and Disciplinary Division) Amendment Bill (No. 44):  adjourned debate on second reading - (November 18, March 28) - (The Hon. L. H. Davis).

 

15.

Native Title (South Australia) (Validation and Confirmation) Amendment Bill (No. 45):  adjourned debate on second reading - (November 18) - (The Hon. C. A. Pickles).

 

16.

Native Title (South Australia) (Miscellaneous) Amendment Bill (No. 46):  adjourned debate on second reading - (November 18) - (The Hon. C. A. Pickles).

 

17.

Road Traffic (Miscellaneous No. 2) Amendment Bill (No. 50):  adjourned debate on second
reading - (November 18, March 28) - (The Hon. C. V. Schaefer).

 

18.

The Minister for Transport and Urban Planning to move - That this Council -

 

I.

Notes the two winning South Australian stories from the Nestlé Write Around Australia Competition; and

 

 

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

 

II.

Congratulates the Year 5 winner, Elsie Michael, and the Year 6 winner, Lisa Mular, and wishes them well in the forthcoming National final.

 

 

19.

Superannuation (Miscellaneous) Amendment Bill (No. 47):  adjourned debate on second reading - (November 18) - (The Hon. P. Holloway).

 

20.

Summary Offences (Searches) Amendment Bill (No. 42):  adjourned debate on second reading - (November 18, March 28) - (The Hon. L. H. Davis).

 

21.

Young Offenders (Publication of Information) Amendment Bill (No. 43): adjourned debate on second reading - (November 18, March 28) - (The Hon. C. V. Schaefer).

 

*22.

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

 

___________

 

 

WEDNESDAY  5  APRIL  2000

 

 

Order  of  the  Day:  Private  Business -

 

1.

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

 

___________

 

 

 

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.

 

 

 

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

 

Member in charge of Bill -

1Hon. N. Xenophon
2Hon. T. G. Cameron
3Hon. S. M. Kanck