[SOUTH AUSTRALIA]

No. 38

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  MAY  1997

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. H.P.K. Dunn) 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. 6.

                 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. 5 of 1997 - An Act to amend the Land Acquisition Act 1969.

                 No. 6 of 1997 - An Act to regulate matters relating to livestock; to repeal the Apiaries Act 1931, the Branding of Pigs Act 1964, the Brands Act 1933, the Cattle Compensation Act 1939, the Deer Keepers Act 1987, the Foot and Mouth Disease Eradication Fund Act 1958, the Stock Act 1990 and the Swine Compensation Act 1936; and for other purposes.

                 No. 7 of 1997 - An Act to amend the Police Superannuation Act 1990.

                 No. 8 of 1997 - An Act to provide for the preservation and management of official records; to amend the Libraries Act 1982, the Freedom of Information Act 1991 and the Local Government Act 1934; and for other purposes.

                 No. 9 of 1997 - An Act to amend the Superannuation Act 1988.

                 No. 10 of 1997 - An Act to amend the Criminal Law Consolidation Act 1936.

                 No. 11 of 1997 - An Act to amend the Environment Protection Act 1993.

                 No. 12 of 1997 - An Act to amend the Goods Securities Act 1986.

                 No. 13 of 1997 - An Act to amend the Legal Practitioners Act 1981.

                 No. 14 of 1997 - An Act to amend the Local Government Act 1934.

                 No. 15 of 1997 - An Act to allow Netherby Kindergarten to remain on land owned by the University of Adelaide that is subject to the terms of the Peter Waite Trust for the establishment of a public park or garden; and for related purposes.

                 No. 16 of 1997 - An Act to amend the Public Finance and Audit Act 1987.

                 No. 17 of 1997 - An Act to amend the Racing Act 1976.

                 No. 18 of 1997 - An Act to vary the terms of the trust of the RSL Memorial Hall; and to repeal the Services Memorial Hall Act 1939.

                 No. 19 of 1997 - An Act to provide a means of discharging or replacing charitable trusts affecting property held by or for the purposes of the St. John Ambulance; to provide for the disposition of property; and for other purposes.

                 No. 20 of 1997 - An Act to amend the Stamp Duties Act 1923.

                 No. 21 of 1997 - An Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 1998.

Message from

Governor:

Assent to Bills.

 

                 No. 23 of 1997 - An Act to authorise an agreement between the South Australian and the Northern Territory Governments for the construction of a railway between Alice Springs and Darwin; and for other purposes.

                 No. 24 of 1997 - An Act to regulate the gas supply industry; to make provision for safety and technical standards for gas installations and gas appliances; to repeal the Gas Act 1988; and for other purposes.

                 No. 25 of 1997 - An Act to amend the Judges’ Pensions Act 1971, the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation (Benefit Scheme) Act 1992.

                 No. 26 of 1997 - An Act to regulate the sale, packing, importing, advertising and use of tobacco products; to recover from consumers of tobacco products an appropriate contribution towards the State’s revenues; to continue the South Australian Sports Promotion, Cultural and Health Advancement Trust and prescribe its functions and powers; to repeal the Tobacco Products Control Act 1986 and the Tobacco Products (Licensing) Act 1986; and for other purposes.

                 No. 27 of 1997 - An Act to provide for the management of the State’s water resources; to repeal the Catchment Water Management Act 1995, the Water Resources Act 1990 and other Acts; and for other purposes.

Government House, Adelaide, 28 May 1997.                                      E. J. NEAL, Governor.

 

 

   3.

The Attorney-General tabled a copy of the Ten Point Plan prepared by the Prime Minister concerning the Wik Decision.

 

Paper Tabled.

   4.

The Hon. R. D. Lawson brought up the Seventeenth Report, 1996-97 of the Legislative Review Committee.

 

Legislative

Review

Committee -

Seventeenth Report,

1996-97.

 

   5.

The Hon. C. V. Schaefer brought up the Final Report of the Joint Committee on Living Resources together with Minutes of Proceedings and Minutes of Evidence.

 

Joint Committee

on Living

Resources -

Final Report.

 

   7.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a Ministerial Statement made by the Minister for Infrastructure (The Hon. G. A. Ingerson, M.P.) concerning Odour Problems across the Metropolitan Area.

 

Paper Tabled.

   8.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty minutes past three o’clock.

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

 

Suspension

of Standing

Orders.

   9.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

 

Statements

on Matters

of Interest.

 

10.

The Hon. M. J. Elliott tabled copy of a letter to Mr. David Morris from The Hon. J. W. Olsen, M.P., then Leader of the Opposition, dated 30 August 1989.

 

Paper

Tabled.

11.

The Hon. C. A. Pickles, pursuant to notice, moved - That the Regulations under the Education Act 1972 concerning Materials and Services Charge, made on 17 April 1997 and laid on the Table of this Council on 27 May 1997, be disallowed.

                 On motion of the Hon. B.S.L. Pfitzner, the debate was adjourned until Wednesday next.

 

Education Act - Regulations - Materials and Services Charge - Motion for disallowance of.

 

12.

The Hon. B.S.L. Pfitzner, pursuant to notice, moved - That the Report of the Social Development Committee on HIV/AIDS - Hepatitis B Inquiry (Part II) - The Rights of Infected an Non-Infected Persons, be noted.

                 On motion of the Hon. C. A. Pickles , the debate was adjourned until Wednesday next.

Report of the

Social Development Committee on HIV/AIDS - Hepatitis B

Inquiry (Part II) - The Rights of Infected and

Non-Infected Persons be noted - Motion re.

 

13.

The Hon. P. Nocella, pursuant to notice, moved - That the Hon. J. F. Stefani be censured for his involvement in the deliberate falsification and widespread distribution of the Report by the Hon. P. Nocella on his Study Tour encompassing Italy, the former Yugoslav Republic of Macedonia and Greece from 11 August to 21 September 1996 (as required by Rule No. 15 of the Members of Parliament Travel Entitlement Rules) in an attempt to defame the Hon. P. Nocella as a Member of this Council.

The Hon.

J. F. Stefani -

Motion for

censure of.

 

 

                 The Hon. P. Nocella tabled a copy of the Report on the Study Tour Encompassing the Former Yugoslav Republic of Macedonia undertaken by the Hon. P. Nocella together with a copy of the Report containing only selected extracts and attachments.

                 Debate ensued.

                 And the Hon. J. F. Stefani having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

 

Paper Tabled.

14.

At eleven 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.

 

Suspension and

Resumption of

Sitting.

 

15.

Ordered - That the adjourned debate on the motion of the Hon. P. Nocella - That the Hon. J. F. Stefani be censured for his involvement in the deliberate falsification and widespread distribution of the Report by the Hon. P. Nocella on his Study Tour encompassing Italy, the former Yugoslav Republic of Macedonia and Greece from 11 August to 21 September 1996 (as required by Rule No. 15 of the Members of Parliament Travel Entitlement Rules) in an attempt to defame the Hon. P. Nocella as a Member of this Council - be now resumed.

                 Debate resumed.

                 And the Hon. J. F. Stefani having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

                

The Hon.

J. F. Stefani -

Motion for

censure of.

 

16.

Ordered - That Notice of Motion (Private Business) No. 4 be postponed and taken into consideration after Notice of Motion (Private Business) No. 5.

 

Postponement

of Business.

17.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on Boards of Statutory Authorities: Recruitment, Gender Composition, Remuneration and Performance, be noted.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday next.

 

Statutory

Authorities

Review

Committee -

Report on Boards

of Statutory Authorities: Recruitment,

Gender

Compostion, Remuneration

and Performance

to be noted -

Motion re.

 

18.

The Hon. C. V. Schaefer, pursuant to notice, moved - That in the interests of long term rail jobs and a strong viable future for rail in South Australia, this Council notes support for the sale of Australian National from -

                 Rail 2000

                 Trade and Labour Council, Port Augusta

                 Corporation of the City of Port Augusta

                 Spencer Regions Development Association

                 Northern Regional Development Association

                 SA Farmers Federation, Australian Barley Board, Australian Wheat Board

                 Labor Senator Bob Collins

                 Australian National.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday next.

 

Sale of Australian National -

Motion re.

19.

Ordered - separately- That Orders of the Day (Private Business) No. 1 to No. 14 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

20.

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

                 Debate resumed.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday next.

 

Voluntary

Euthanasia

Bill.

21.

Ordered - separately- That Orders of the Day (Private Business) No. 16 to No. 23 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

22.

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

                 Debate resumed.

                 On motion of the Hon. B.S.L. Pfitzner, the debate was adjourned until Wednesday next.

 

Dentists

(Clinical Dental

Technicians) Amendment

Bill.

23.

The Minister for Education and Children’s Services, pursuant to notice, moved - That the South Australian Parliament expresses its deep and sincere regret through the forced separation of some Aboriginal children from their families and homes which occurred prior to 1964, apologises to these Aboriginal people for these past actions and reaffirms its support for reconciliation between all Australians.

                 Debate ensued.

                 Question put and passed.

 

Separation

of Aboriginal Children from

their Families - Motion re.

24.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Juries Act 1927.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Juries (Miscellaneous) Amendment

Bill.

25.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the formation, registration and management of co-operatives; to amend the Security and Investigation Agents Act 1995; to repeal the Co-operatives Act 1983; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

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

 

Co-operatives

Bill.

26.

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

 

Postponement

of Business.

27.

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

Message No. 95

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Pay-roll Tax Act 1971 and the Taxation Administration Act 1996, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 May 1997.                                                                       G. M. GUNN 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Messages from

House of Assembly:

Statutes

Amendment

(Pay-roll Tax

and Taxation Administration) Bill.

 

 

Message No. 96

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Acts Interpretation Act 1915, the Administration and Probate Act 1919, the Criminal Law Consolidation Act 1935, the Equal Opportunity Act 1984, the Evidence (Affidavits) Act 1928, the Fair Trading Act 1987, the Firearms Act 1977, the Holidays Act 1910, the Oaths Act 1936, the Pay-roll Tax Act 1971, the South Australian
Co-operative and Community Housing Act 1991 and the Wrongs Act 1936, without any amendment.

House of Assembly, 27 May 1997.                                                                          G. M. GUNN, Speaker.

 

Statutes Amendment

(References to Banks) Bill.

 

 

Message No. 97

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Associations Incorporation Act 1985, without any amendment.

House of Assembly, 27 May 1997.                                                                          G. M. GUNN, Speaker.

 

Associations Incorporation (Miscellaneous) Amendment Bill.

 

28.

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. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

 

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