SOUTH AUSTRALIA]

No. 77

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  MAY  2003

 

 

 

   1.

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

                 The President read prayers.

 

Meeting of
Council.

 

   2.

The Hon. J. M. Gazzola brought up the Twenty-Seventh Report, 2002-2003 of the Legislative Review Committee.

Legislative
Review
Committee -
Twenty-Seventh Report, 2002-2003.

 

 

   3.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning the De Rose Hill Appeal.

 

Paper Tabled.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation tabled a copy of a Ministerial Statement made by the Minister for Planning (The Hon. J. Weatherill, M.P.) concerning Significant Tree Controls.

 

Paper Tabled.

 

   5.

The Hon. G. E. Gago brought up the Report of the Joint Committee on Immunity from Prosecution for Certain Sexual Offences, together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 211)

 

Joint Committee
on Immunity from
Prosecution for
Certain Sexual
Offences -
Report brought up.

 

 

   6.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable Messages from the House of Assembly to be taken into consideration before Statements on Matters of Interests.

                 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.

 

   7.

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

Message No. 106

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 May 2003.                                                                           I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Messages from
House of Assembly:
Gaming Machines
(Roosters Club
Incorporated
Licence)
Amendment Bill.

 

 

 

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

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

 

 

 

 

Message No. 107

                 MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment (Road Safety Reforms) Bill.  In the event of a Conference being agreed to, the House of Assembly will be represented by five Managers.

House of Assembly, 27 May 2003.                                                                           I. P. LEWIS, Speaker.

                 Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House, and that the time and place for holding the same be the hour of 4.00 p.m. this day in the Plaza Room and that the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), and the Hons. T. G. Cameron, S. M. Kanck, C. V. Schaefer and R. K. Sneath be the Managers on the part of this Council.

 

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

 

 

Message No. 108

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Shop Trading Hours Act 1977 and to make related amendments to the Retail and Commercial Leases Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 May 2003.                                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

         Ordered - That the second reading be taken into consideration on motion.

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

 

   8.

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

 

Statements on
Matters of Interest.

 

9.

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

Message No. 109

                 MR. PRESIDENT - The House of Assembly has, in reply to Message No. 89 from the Legislative Council, agreed to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 28 May 2003.                                                                             I. P. LEWIS, Speaker.

 

Message from
House of Assembly:
Statutes
Amendment
(Road Safety Reforms) Bill.

 

 

10.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon P. L. White, M.P.) concerning the Department of Education and Children’s Services Invacuation Protocols.

 

Paper Tabled

 

11.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 12 and Orders of the Day (Private Business) No. 1 to No. 56 be postponed and taken into consideration after consideration of the Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill.

 

Postponement
of Business

 

12.

Ordered - That the adjourned debate on the question - That the Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill be now read a second time - be now resumed.

                 Debate resumed.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned and ordered to be resumed on motion.

 

Gaming Machines
(Roosters Club
Incorporated
Licence)
Amendment Bill.

 

 

13.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the District Council of Clare and Gilbert Valleys By-law No. 3 concerning Council Land, made on 17 March 2003 and laid on the Table of this Council on 27 March 2003, be disallowed.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

District Council
of Clare and
Gilbert Valleys
By-law No. 3 -
Council Land -
Motion for
disallowance of.

 

 

14.

Ordered - separately - That Notices of Motion (Private Business) No. 4 to No. 7 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

 

15.

The Hon. D. V. Laidlaw, pursuant to notice, moved - That this Council condemns the Member for Hammond for the injurious comments on the Hon. D. V. Laidlaw and the Legislative Council in general in the other place on 14 May 2003 when addressing the Constitution (Gender Neutral Language) Amendment Bill.

                 Debate ensued.

                 The Hon. J. F. Stefani moved to amend the motion by inserting after “Bill” the words “and requests the President to seek an unequivocal retraction and apology in writing from the Member for Hammond for the reflections on the Legislative Council, its Members and Staff”.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday next.

 

Injurious Comments
by Member for
Hammond -
Motion re.

 

16.

Ordered - That Notice of Motion (Private Business) No. 9 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

 

17.

The Hon. J. M. Gazzola, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Urban Growth Boundary, be noted.

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

Environment,
Resources and
Development
Committee -
Report on Urban
Growth Boundary
to be noted -
Motion re.

 

 

18.

At two minutes to 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.

 

19.

Ordered - That the adjourned debate on the motion of the Hon. J. M. Gazzola - That the Report of the Environment, Resources and Development Committee on Urban Growth Boundary be noted - be now resumed.

                 Debate resumed.

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

 

Environment,
Resources and
Development
Committee -
Report on Urban
Growth Boundary
to be noted -
Motion re.

 

 

20.

Ordered - That the adjourned debate on the question - That the Gaming Machines (Roosters Club Incorporated Licence) 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 read.

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

                 Question put.

Gaming Machines
(Roosters Club
Incorporated
Licence)
Amendment Bill.

 

 

 

             Committee divided:

Ayes, 13

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. R. K. Sneath

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

 

_____________________

 

 

 

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

 

 

21.

The Hon. K. J. Reynolds, pursuant to notice, moved -

                  I.      That a Select Committee of the Legislative Council be appointed to investigate and report upon -

(a)    allegations of child sex abuse within church organisations within South Australia; and

(b)    other matters as determined by the Committee following consultation with advocacy organisations.

                II.      That Standing Order No. 389 be 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 presented to the Council.

               IV.      That Standing Order No. 396 be suspended as 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.

                 And the Hon. K. J. Reynolds having obtained leave to conclude her remarks, the debate was adjourned until Wednesday next.

 

Child Sexual Abuse
within Church
organisations within
South Australia -
Motion for Select
Committee.

22.

The Hon. R. I. Lucas, pursuant to notice, moved - That this Council condemns the Rann Government for its unprecedented use of the claim of Parliamentary Privilege to refuse a growing number of applications for documents under Freedom of Information legislation and, in particular, the Government’s refusal to provide documents relating to the details of the $967 million in budget cuts announced in the July 2002 Budget.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

 

Rann Government’s
use of Parliamentary
Privilege to refuse
Freedom of
Information
applications -
Motion re.

23.

Ordered - That the second reading of the Shop Trading Hours (Miscellaneous) Amendment Bill be taken into consideration forthwith.

                 The Minister for Agriculture, Food and Fisheries moved - That the Shop Trading (Miscellaneous) Amendment Bill be now read a second time.

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

 

Shop Trading Hours
(Miscellaneous)
Amendment Bill.

24.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 4 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

25.

Ordered - That Order of the Day (Private Business) No. 5 be discharged.

 

Business
Discharged.

 

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Council notes the performance of the Independent Gambling Authority:

                 Debate resumed.

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

 

Performance
of the Independent
Gambling
Authority -
Motion re.

27.

Ordered - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. I. Gilfillan - That the Final Report of the Joint Committee on the Impact of Dairy Deregulation on the Industry in South Australia be noted:

                 Debate resumed.

                 Question put and passed.

 

Joint Committee on
the Impact of Dairy
Deregulation on the
Industry in South Australia -
Final Report
be noted -
Motion re.

29.

 On the Order of the Day being read for the adjourned debate on the motion of the Hon. G. E. Gago - That the Report of the Social Development Committee on an Inquiry into Poverty be noted:

                 Debate resumed.

                 On motion of the Hon. K. J. Reynolds, the debate was adjourned until Wednesday next.

 

Social Development
Committee -
Report on an
Inquiry into Poverty
be noted -
Motion re.

30.

Ordered - That Order of the Day (Private Business) No. 11 be an Order of the Day for Wednesday next.

 

Postponement
of Business.

31.

The Hon. S. M. Kanck, according to order, moved - That she have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Environment
Protection (Plastic
Shopping Bags)
Amendment Bill.

32.

The Hon. I. Gilfillan, according to order, moved - That he have leave to introduce a Bill for an Act to ensure that the owners of proprietary rights in genetically modified plant material are responsible for any damage or loss caused by the spread of that material; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. I. Gilfillan then moved - That this Bill be now read a second time.

                 On motion of the Hon. G. E. Gago, the debate was adjourned until Wednesday next.

 

Gene Technology
(Responsibility
for the Spread of
Genetically Modified
Plant Material) Bill.

33.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Gaming Machines (Roosters Club Incorporated Licence) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered and agreed to.

                          Clause No. 2 agreed to.

                          New clause No. 2A inserted.

                 The Hon. D. W. Ridgway moved on page 3, after line 8, to insert new clause No. 2B as follows:

                          “Amendment of section 15A—Gaming venues not to be located under same roof as shops or within shopping complexes

         2B.  Section 15A—after subsection (3) insert:

         (3a)     Subsection (1) does not apply where—

(a)   the application is made by the holder of a club licence who is the holder of a gaming machine licence and surrenders the gaming machine licence so that a new one may be granted to the applicant following removal of his or her club licence to new premises in the same locality as the premises from which the licence was removed; and

(b)   no part of the gaming area of the premises would be located under the same roof as a shop or within a shopping centre.”

                 Question - That new clause No. 2B, as proposed to be inserted by the Hon. D. W. Ridgway, be so inserted - put and negatived.

                          Clauses No. 3 and No. 4 agreed to.

                          Clause No. 5 read.

                 The Hon. D. V. Laidlaw moved on page 3, line 24, to leave out “31 May 2004” and insert “30 November 2003”.

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

_____________________

 

And it being twelve of the clock:

FRIDAY 27 JULY 2001

_____________________

 

                 The Hon. A. J. Redford moved page, 3, lines 24 and 25, to leave out “(and may be surrendered for the purposes of the Act by the licensee after that date despite its suspension)”.

                 Question - That the amendment be agreed to - put.

Gaming Machines
(Roosters Club
Incorporated
Licence)
Amendment Bill.

 

             Committee divided:

Ayes, 7

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. D. W. Ridgway

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. J. Redford (Teller)

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. K. J. Reynolds

The Hon. R. K. Sneath

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. T. G. Roberts (Teller)

 

 

 

                          Clause No. 5 agreed to.

                          Title agreed to.

                          Clause No. 1 reconsidered, 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; whereupon the Council adopted such report.

                 The Minister for Aboriginal Affairs and Reconciliation, 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.

 

 

34.

Ordered - That Orders of the Day (Private Business) No. 14 to No. 16 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

35.

Ordered - That Orders of the Day (Private Business) No. 17 be discharged.

 

Business
Discharged.

36.

Ordered - That Orders of the Day (Private Business) No. 18 to No. 35 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

37.

Ordered - That Order of the Day (Private Business) No. 36 be discharged.

Business Discharged.

 

Ordered - That the Retail and Commercial Leases (Trading Hours) Amendment Bill be withdrawn.

 

Retail and
Commercial Leases
(Trading Hours)
Amendment Bill.

38.

Ordered - That Orders of the Day (Private Business) No. 37 to No. 40 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

39.

Ordered - That Order of the Day (Private Business) No. 41 be discharged.

Business Discharged.

 

Ordered - That the Statutes Amendment (Road Safety Initiatives) Bill be withdrawn.

 

Statutes Amendment
(Road Safety
Initiatives) Bill.

 

40.

Ordered - That Orders of the Day (Private Business) No. 42 to No. 45 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

41.

Ordered - That Order of the Day (Private Business) No. 46 be discharged.

 

Business
Discharged.

42.

Ordered - That Orders of the Day (Private Business) No. 47 to No. 56 be Orders of the Day for Wednesday next.

 

Postponement
of Business.

43.

Ordered - That Orders of the Day (Private Business) No. 1 to No. 12 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

44.

Ordered - That the Council, at its rising, do adjourn until today at eleven o’clock a.m.

 

Next Day
of Sitting.

45.

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

Message No. 110

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 May 2003.                                                                             I. P. LEWIS, Speaker.

                 Bill read a first time.

         Ordered - That the second reading be taken into consideration on motion.

 

Message from
House of Assembly:
Statutes Amendment
(Notification of
Superannuation
Entitlements) Bill.

 

46.

Council adjourned at twenty minutes past twelve o’clock until today at eleven o’clock a.m.

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. I. Gilfillan

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. Zollo

The Hon. N. Xenophon