[SOUTH AUSTRALIA]

No. 2

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  29  SEPTEMBER  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

   2.

Answers to Questions on Notice Nos. 37, 143 and 202 of last Session received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

The Hon. A. J. Redford brought up the First Report, 1999-2000 of the Legislative Review Committee.

 

Legislative Review Committee - First Report, 1999-2000.

 

   4.

The Treasurer (The Hon. R. I. Lucas), tabled a copy of a Ministerial Statement made by the Minister for Education, Children’s Services and Training (The Hon. M. R. Buckby, M.P.) concerning Literacy and Numeracy Strategy.

 

Paper Tabled.

   5.

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

 

Statements

on Matters

of Interest.

 

   6.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee, 1998-99, be noted.

                 Debate ensued.

                 On motion of the Hon. J.S.L. Dawkins, the debate was adjourned until Wednesday,
20 October 1999.

 

Statutory

Authorities Review Committee -

Report, 1998-99

be noted -

Motion re.

 

   7.

The Hon. L. H. Davis, pursuant to notice, moved - That the Report of the Statutory Authorities Review Committee Inquiry into Boards of Statutory Authorities: Remuneration Levels, Selection Processes, Gender and Ethnic Composition, be noted.

                 Debate ensued.

                 On motion of the Hon. C. A. Pickles, the debate was adjourned until Wednesday,
20 October 1999.

 

Statutory

Authorities Review Committee -

Report into Boards of Statutory Authorities: Remuneration Levels,

Selection Processes, Gender and Ethnic Composition

be noted -

Motion re.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 3 be an Order of the Day for Wednesday,
20 October 1999.

 

Postponement

of Business.

   9.

The Hon. P. Holloway, pursuant to notice, moved -

         I.      That the Legislative Council notes -

                        (a)     the complete failure of Primary Industries and Resources SA to fairly and equitably manage the allocation of rock lobster pot licences; and

                        (b)    the subsequent investigation by the South Australian Ombudsman into alleged anomalies in the allocation process.

        II.      That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon all aspects of the process of allocation of rock lobster pot licences.

                 And the Hon. P. Holloway having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 20 October 1999.

 

Allocation of

Rock Lobster

Pot Licences –

Motion re.

10.

The Hon. A. J. Redford, pursuant to notice, moved -

         I.      That the Legislative Council notes -

                        (a)     the terrible and devastating earthquakes which struck Taiwan on 20 September and 26 September 1999;

(b)       the enormous loss of life which is still rising;

(c)       the horrendous number of injured persons who will need medical and other services for many years to come; and

(d)       the extensive property damage that has occurred because of these natural disasters.

        II.      That this Council calls on the State and Federal Governments to -

(a)       do whatever they can to assist the Taiwanese people in their hour of need; and

(b)       send official messages of condolence to the Taiwanese people expressing regret and sympathy for the effects of this terrible tragedy.

       III.      That this Council expresses its own sorrow at the terrible loss of Taiwanese people.

       IV.      That this Resolution be forwarded to the Taipei Economic and Cultural Office in Melbourne.

                 On motion of the Hon. C. Zollo, the debate was adjourned until Wednesday, 20 October 1999.

 

Taiwanese

Earthquakes –

Motion re.

11.

The Hon. N. Xenophon, having obtained leave to amend the motion of which notice had been given, moved - That he have leave to introduce a Bill for an Act to reform and regulate certain aspects of the gambling industry; to amend the Gaming Machines Act 1992, the Casino Act 1997, the Lottery and Gaming Act 1936 and the Racing Act 1976; to provide for the removal of gaming machines from hotels within five years; and for other purposes.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday,
20 October 1999.

 

Gambling Industry

Regulation Bill.

12.

The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Casino Act 1997; and to make a related amendment to the Gaming Machines Act 1992.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. N. Xenophon then moved - That this Bill be now read a second time.

Casino

(Miscellaneous) Amendment Bill.

 

 

                 The Hon. N. Xenophon, by leave, tabled a copy of a Report by Barry Tolchard, titled “The Potential Effects of SmartCards on Gamblers”, together with a letter from Dr. Paul Delfabbro, Department of Psychology, University of Adelaide, and Department of Social Administration and Social Work, Flinders University, to the Hon. N. Xenophon, dated 7 September 1999.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday,
20 October 1999.

 

Papers Tabled.

 

13.

The Hon. M. J. Elliott, pursuant to notice, moved - That this Council notes -

         I.      The request by former workers of the Christies Beach Women’s Shelter Incorporated to have a statement incorporated into Hansard in accordance with the Resolution of the Legislative Council passed on 11 March 1999.

        II.      The decision by the President of the Council not to allow the statement to be incorporated and expresses its regret with that decision.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday,
20 October 1999.

 

Citizen’s Right

of Reply -

Christies Beach

Women’s Shelter – President’s Decision – Motion re.

14.

The Attorney-General, pursuant to notice, moved - That during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

         I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

                        (a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

                        (b)    requesting that his or her response be incorporated in to Hansard.

Sessional Order -

Citizens’ Right

of Reply.

 

        II.      The President shall consider the submission as soon as practicable.

       III.      The President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

       IV.      In considering the submission, the President -

                        (a)     may confer with the person who made the submission,

(b)       may confer with any Member,

but

(c)       may not take any evidence,

(d)       may not judge the truth of any statement made in the Council or the submission.

        V.      If the President is of the opinion that -

(a)       the submission is trivial, frivolous, vexatious, or offensive in character, or

(b)       the submission is not made in good faith, or

(c)       there is some other good reason not to grant the request to incorporate a response into Hansard,

                       he shall refuse the request and inform the person who made it of his decision.  The President shall not be obliged to inform any person or the Council of the reasons for his decision.

       VI.      Unless the President refuses the request on one or more of the grounds set out in
Paragraph V of this resolution, the President shall report to the Council that in his opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

     VII.      A response -

(a)       must be succinct and strictly relevant to the question in issue,

(b)       must not contain anything offensive in character,

(c)       must not contain any matter the publication of which would have the effect of -

            (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in Paragraph I of this resolution, or

           (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

          (iii)   unreasonably aggravating any situation or circumstance,

and

(d)       must not contain any matter the publication of which might prejudice -

            (i)   the investigation of any alleged criminal offence,

           (ii)   the fair trial of any current or pending criminal proceedings, or

          (iii)   any civil proceedings in any court or tribunal.

    VIII.      In this resolution, “person” includes a corporation of any type and an unincorporated association.

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

 

 

15.

Ordered - That Notices of Motion (Government Business) No. 2 to No. 8 be postponed and taken into consideration after Order of the Day (Government Business) No. 1.

 

Postponement

of Business.

16.

The Treasurer, according to order, from the Committee appointed to prepare a Draft Address-in-Reply to the Opening Speech of His Excellency the Governor, brought up the Draft Address, which was read by the Clerk as follows:

Address-in-

Reply.

 

                 To His Excellency Sir Eric James Neal, Companion of the Order of Australia, Commander of the Royal Victorian Order, Governor in and over the State of South Australia in the Commonwealth of Australia:

                 MAY IT PLEASE YOUR EXCELLENCY -

                       1.   We, the Members of the Legislative Council, thank Your Excellency for the speech with which you have been pleased to open Parliament.

                       2.   We assure Your Excellency that we will give our best attention to all matters placed before us.

                       3.   We earnestly join in Your Excellency’s prayer for the Divine blessing on the proceedings of the Session.

                 The Hon. A. J. Redford moved - That the Address-in-Reply, as read, be adopted.

                 And the Hon. A. J. Redford having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

 

17.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Liquor Licensing Act 1997.

                 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Liquor Licensing (Regulated Premises) Amendment Bill.

18.

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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Criminal Law Consolidation

(Appeals)

Amendment Bill.

19.

Ordered – That Notice of Motion (Government Business) No. 4 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

20.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Judicial Administration (Auxiliary Appointments and Powers) Act 1988.

                 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Judicial

Administration

(Auxiliary

Appointments

and Powers)

(Definition of

Judicial Office)

Amendment Bill.

21.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Magistrates Court Act 1991 and the Supreme Court 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. T. G. Roberts, the debate was adjourned until next day of sitting.

 

Statutes Amendment (Magistrates Court Appeals) Bill.

22.

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

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Motor Vehicles

(Heavy Vehicles Speeding Control Scheme) Amendment Bill.

 

23.

The Minister for Transport and Urban Planning, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Highways Act 1926

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Transport and Urban Planning 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.

 

Highways

(Road Closures)

Amendment Bill.

24.

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

Message No. 1

                 MR. PRESIDENT - The House of Assembly has appointed a Standing Orders Committee consisting of the Speaker and Messrs. Atkinson, DeLaine, Lewis and Meier, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the Legislative Council.

House of Assembly, 29 September 1998.                                                          J.K.G. OSWALD, Speaker.

 

Messages from

House of

Assembly:

Standing Orders Committee.

 

 

Message No. 2

                 MR. PRESIDENT - The House of Assembly has appointed a Publishing Committee consisting of Mr. Hamilton-Smith, Ms. Hurley and Messrs. Koutsantonis, Scalzi and Venning, with power to act during the recess and to confer or sit as a Joint Committee with any Publishing Committee of the Legislative Council.

House of Assembly, 29 September 1998.                                                          J.K.G. OSWALD, Speaker.

 

Publishing

Committee.

25.

Council adjourned at seventeen minutes past six 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. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

 

The Hon. K. T. Griffin

The Hon. P. Holloway

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. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo