SOUTH AUSTRALIA]

No. 68

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  28  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.

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

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

                 Capital Expenditure and Maintenance Deed - Port of Port Adelaide, Port Giles and Port Wallaroo.

                 Port Leases -

                          Klein Port.

                          Port Adelaide.

                          Port Giles.

                          Port Lincoln.

                          Thevenard.

                          Wallaroo.

                 Probity Auditor’s Final Report - Divestment of South Australian Ports Corporation 2001.

                 South Australian Ports Business and Asset Sale Agreement -

                          Volume 1.

                          Volume 2.

                          Volume 3.

                 South Australian Ports (Disposal of Maritime Assets) Act 2000 (SA) -

                          Ministerial Determination.

                          Ministerial Direction.

                          Tripartite Deed.

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

                 South Australian Country Fire Service - Report, 2000-2001.

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

                 National Road Transport Commission - Report, 2000-2001.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Thirty-Fifth Report, 2000-2001, of the Legislative Review Committee.

 

 

Legislative
Review
Committee -
Thirty-Fifth
Report, 2000-2001.

   4.

The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee on an Inquiry into the Aboriginal Lands Trust, Coast Protection Board and Veterinary Surgeons Board.

                 Ordered - That the Report be printed.  (Paper No. 249)

 

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Aboriginal
Lands Trust, Coast
Protection Board
and Veterinary
Surgeons Board.

 

   5.

The Hon. I. Gilfillan, by leave, moved - That the Members of this Council appointed to the Joint Committee on Dairy Deregulation on the Industry in South Australia have permission to meet during the sitting of the Council this day.

 

 

   6.

The President called on Members to make Statements on Matters of Interest.

 

Statements on
Matters of Interest.

 

   7.

The Hon. A. J. Redford, pursuant to notice, moved - That Regional Council of Light By-law No. 3 concerning Streets and Roads, made on 21 August 2001 and laid on the Table of this Council on 25 September 2001, be disallowed.

                 Motion, by leave, withdrawn.

 

Regional Council of
Light By-law No. 3 -
Streets and Roads -
Motion for disallowance of.

   8.

Ordered - That Notice of Motion (Government Business) No. 4 be an Order of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

   9.

The Hon. I. Gilfillan, pursuant to notice, moved -

              I.      That, should the Joint Committee on Transport Safety complete its Report on its Inquiry into Traffic Calming Schemes while both Houses are not sitting, the Committee may present its Report to the Presiding Officers of the Legislative Council and the House of Assembly, who are hereby authorised, upon presentation, to publish and distribute that Report prior to the Tabling of the Report in both Houses of Parliament; and

             II.      That a Message be sent to the House of Assembly requesting its concurrence.

                 Debate ensued.

                 Question put and passed.

 

Joint Committee on
Transport Safety -
Motion re.

10.

The Hon. A. J. Redford, pursuant to notice, moved - That the Final Report of the Select Committee on Wild Dog Issues in the State of South Australia be noted.

                 Debate ensued.

                 Question put and passed.

 

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

 

11.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Aboriginal Lands Trust, Coast Protection Board and Veterinary Surgeons Board be noted.

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

 

Statutory Authorities
Review Committee -
Report on an Inquiry
into the Aboriginal
Lands Trust, Coast
Protection Board
and Veterinary
Surgeons Board
to be noted -
Motion re.

 

12.

The Hon. L. H. Davis, pursuant to notice, moved - That the Legislative Council expresses its disappointment at the continuing negative attitude of the Australian Labor Party and the Australian Democrats.

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

                

Attitude of ALP
and Australian
Democrats -
Motion re.

13.

Order of the Day read for the Report of the Select Committee on Outsourcing of State Government Services to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 20 February 2002.

 

Select Committee
on  Outsourcing of
State Government
Services.

 

14.

Order of the Day read for the Report of the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunications in South Australia to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 20 February 2002.

 

Select Committee
on Internet and
Interactive Home
Gambling and
Gambling by
other means of
Tele-
communications
in South Australia.

 

15.

Order of the Day read for the Report of the Select Committee on the Future of the Queen Elizabeth Hospital to be brought up:

                 Ordered - That the time for bringing up the Report be extended until Wednesday, 20 February 2002.

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital.

 

16.

The Hon. A. J. Redford, according to order, moved - That District Council of Mallala By-law No. 5 concerning Spraying and Dusting of Land, made 6 August 2001 and laid on the Table of this Council on 25 September 2001, be disallowed.

                 Question put and passed.

                

District Council of Mallala By-law 
No. 5 - Spraying and
Dusting of Land -
Motion for disallowance of.

 

17.

On the Order of the Day being read for the adjourned debate on the question - That the Local Government (Consultation on Rating Policies) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 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.

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

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Minister for Transport and Urban Planning moved on page 3, line 9, after “land” to insert “(including by imposing differential rates on land that has not been differentially rated in the preceding financial year, or by no longer imposing differential rates on land that has been differentially rated in the preceding financial year)” and on page 3, after line 10, to insert:

                        “or

                          (c)        changes the imposition of rates on land by declaring or imposing a separate rate, service rate or service charge on any land,”.

                          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.

 

Local Government
(Consultation on
Rating Policies)
Amendment Bill.

18.

At ten 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 Order of the Day (Private Business) No. 6 be postponed and taken into consideration on motion.

 

Postponement
of Business.

20.

Ordered - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon -

              I.      That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases;

             II.      Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and

            III.      That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State.

 

Matters and
Allegations
raised in ABC’s
Four Corners
Report entitled “Expert Witness” -
Motion re.

 

 

                 Debate resumed.

                 And the Hon. T. G. Roberts having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

 

22.

 

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Report of the Social Development Committee on an Inquiry into Biotechnology - Part II - Food Production, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social 
Development
Committee -
Report into
Biotechnology -
Part II - Food
Production
to be noted -
Motion re.

 

23.

Ordered - That the adjourned debate on the motion of the Hon. T. G. Cameron - That the Legislative Council requests the Auditor-General to provide the following information in accordance with the Auditor-General’s Annual Report 1999-2000 -

Information from
Auditor-General -
Motion re.

 

I.

(a)

Was 17 per cent ($1.6 million) of the budget of the Auditor-General’s Department spent on various consultancies?

 

 

 

 

(b)

If so, for what purposes were the following expenses incurred, including to whom they were paid and the respective amounts paid -

 

 

 

 

 

(i)

contract audit fees of $687,000;

 

 

 

 

(ii)

various consultancies of $192,000; and

 

 

 

 

(iii)

special investigations of $775,000?

 

 

 

(c)

(i)

Was a competitive tendering process undertaken for all of these consultancies; and

 

 

 

 

(ii)

If not, what other process was used and what was the reason?

 

 

II.

Why does the Schlumberger contract (mentioned on page 123) not require formal review, such as the annual performance appraisal and the triennial review, like all other SA Water contracts?

 

 

III.

What matters of concern were found by Pannell Kerr Forster, the auditors auditing the Auditor-General’s Department, in a management letter dated 18 August 2000 (as referred to on page 595) of the Report? - be now resumed.

 

 

                 Debate resumed.

                 Question put and passed.

 

 

24.

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

 

Postponement
of Business.

25.

Ordered - That Order of the Day (Private Business) No. 12 be discharged.

 

Business
Discharged.

 

26.

 

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Report of the Social Development Committee on an Inquiry into Biotechnology - Part I - Health, be noted:

                 Debate resumed.

                 Question put and passed.

 

Social
Development
Committee -
Report into
Biotechnology -
Part I - Health
to be noted -
Motion re.

 

27.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 18 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

28.

Ordered - That Order of the Day (Private Business) No. 19 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

29.

Ordered - separately - That Orders of the Day (Private Business) No. 20 to No. 23 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

30.

Ordered - That Order of the Day (Private Business) No. 24 be discharged.

        Ordered - That the Road Traffic (Ticket-Vending Machines) Amendment Bill be withdrawn.

 

Business
Discharged.
Road Traffic (Ticket
Vending Machines)
Amendment Bill.

 

31.

Ordered - That Order of the Day (Private Business) No. 25 be an Order of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

32.

Ordered - That Order of the Day (Private Business) No. 26 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

33.

Ordered - separately - That Orders of the Day (Private Business) No. 27 and No. 28 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

34.

Ordered - That Orders of the Day (Private Business) No. 29 and No. 30 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

Ordered - separately - That Orders of the Day (Private Business) No. 31 to No. 33 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

36.

Ordered - separately - That Orders of the Day (Private Business) No. 34 and No. 35 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

37.

Ordered - That Order of the Day (Private Business) No. 36 be an Order of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

  38.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Local Government (Consultation on Rating Policies) Amendment Bill.

 

In the Committee

 

                          Clause No. 2, which the Minister for Transport and Urban Planning had moved to amend on page 3, line 9, by inserting after “land” the words “(including by imposing differential rates on land that has not been differentially rated in the preceding financial year, or by no longer imposing differential rates on land that has been differentially rated in the preceding financial year)” and on page 3, after line 10, by inserting:

                        “or

                          (c)    changes the imposition of rates on land by declaring or imposing a separate rate, service rate or service charge on any land,” - further considered.

                 Question - That the amendments be agreed to - put and passed.

                          Clause No. 2, as amended and otherwise amended, agreed to.

                          Clause No. 3 amended and 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.

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Local Government
(Consultation on
Rating Policies)
Amendment Bill.

 

39.

Ordered - separately - That Orders of the Day (Private Business) No. 7 and No. 8 be Orders of the Day for Wednesday, 13 February 2002.

 

Postponement
of Business.

40.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to Co-operatives Act 1997.

                 Question put and passed.

                 Bill introduced and read a first time.

_____________________

 

And it being twelve of the clock:

THURSDAY 29 NOVEMBER 2001

_____________________

 

                 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 Tuesday, 12 February 2002.

 

Co-operatives
(Miscellaneous)
Amendment Bill.

41.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

                 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. P. Holloway, the debate was adjourned until Tuesday, 12 February 2002.

 

Criminal Law
Consolidation
(Territorial
Application of the
Criminal Law)
Amendment Bill.

 

42.

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

Message No. 129

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Native Vegetation Act 1991 and to make a related amendment to the Development (System Improvement Program) Amendment Act 2000, to which it desires the concurrence of the Legislative Council.

House of Assembly, 28 November 2001.                                                           J.K.G. OSWALD, Speaker.

                 Bill read a first time.

                 Ordered - That the second reading be taken into consideration on next day of sitting.

 

Message from
House of Assembly:

Native Vegetation
(Miscellaneous)
Amendment Bill.

 

43.

Ordered - That Notice of Motion (Government Business) No. 3 be an Order of the Day for Tuesday, 12 February 2002.

 

Postponement
of Business.

44.

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

 

Postponement
of Business.

45.

Ordered - That Orders of the Day (Government Business) No. 2 and No. 3 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

46.

Ordered - That Order of the Day (Government Business) No. 4 be an Order of the Day for Tuesday, 12 February 2002.

 

Postponement
of Business.

47.

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

 

Postponement
of Business.

48.

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

 

Next Day
of Sitting.

 

49.

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

 

Adjournment.

 

_________________________

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo