SOUTH AUSTRALIA]

No. 69

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  30  APRIL  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 Clerk announced that the following Petition had been lodged for presentation:

                 By the Hon. A. J. Redford from 2,345 residents of South Australia concerning the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill.  The Petitioners pray that this Honourable House will support a motion for the Social Development Committee to investigate -

·        the Bill; and

·        implications for the Bill arising from the Attorney-General’s Departmental Discussion Paper on Removing Legislative Discrimination Against Same Sex Couples.

                

Petitions -
No. 34 - Statute of
Limitations in
South Australia on
Child Sexual Abuse.

 

 

   3.

The Hon. J. M. Gazzola brought up the Twenty-third Report, 2002-2003 of the Legislative Review Committee, which was read by the Clerk as follows -

                 The By-laws and Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

                 Honourable Members are warned that after further consideration has been given to the
Regulations and By-laws, the Committee may decide to take no further action.

                 Regulations and By-laws referred to -

Criminal Injuries Compensation Act 1978 - Scale of Costs.

Fisheries Act 1982 - Size of Pilchard Nets.

Liquor Licensing Act 1997 - Long Term Dry Areas - Coober Pedy

Listening and Surveillance Devices Act 1972 - Records and Warrants.

Mines and Works Inspection Act 1920 - Approval of Activities.

Victims of Crimes Act 2001 - Application, Costs and Levy.

                 By-laws referred to -

District Council of Coober Pedy -

          No. 3 - Local Government Land.

          No. 4 - Roads.

City of Mount Gambier - General By-law.

 

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

 

   4.

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

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

 

 

   5.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning a Report of an Investigation into the Operations of the Barcoo Outlet.

 

Paper Tabled.

 

   6.

The Hon. R. I. Lucas, by leave, tabled copies of the following letters:

·          To Mr. Campos, Chief Executive Officer, The Queen Elizabeth Hospital, from unidentified person, dated 26 April 2003.

·          To Mr. David Swan, Acting Chief Executive Officer, The Queen Elizabeth Hospital, from unidentified persons, undated.

·          To an unidentified doctor in the Department of Radiology, The Queen Elizabeth Hospital, from Mr. Peter Campos, Chief Executive Officer, The Queen Elizabeth Hospital, undated.

 

Documents
Tabled.

 

   7.

The Minister for Aboriginal Affairs and Reconciliation, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable the Hon. D. V. Laidlaw to complete a question to him and for the Minister to complete his reply.         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.

 

   8.

The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a Motion Without Notice.

                 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 Agriculture Food and Fisheries moved - That the Research Involving Human Embryos Bill be considered a related Bill to the Prohibition of Human Cloning Bill and that the Standing Orders be and remain so far suspended as to extend the scope of the relevancy of the second reading debate on the Prohibition of Human Cloning Bill to include the related Bill.

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

 

Cognate Bills -
Prohibition
of Human
Cloning Bill  and
Research Involving
Human Embryos
Bill -
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.

Ordered - That Notices of Motion (Private Business) No. 1 to No. 3 be Orders of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

 

11.

The Hon. I. Gilfillan, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the State Supply Act 1985.

                 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. C. Zollo, the debate was adjourned until Wednesday, 14 May 2003.

 

State Supply
(Procurement of
Software)
Amendment Bill.

 

12.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

 

13.

Ordered - That Order of the Day (Private Business) No. 3 be discharged.

 

Business Discharged.

 

14.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 7 be postponed and taken into consideration after Order of the Day (Private Business) No. 8.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for adjourned debate on the motion of the Hon. R. I. Lucas - That this Council notes recent appointments made since the State Government was installed in March 2002:

                 Debate resumed.

                 And the Hon. R. I. Lucas having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 14 May 2003.

 

Recent 
Appointments in
State Government -
Motion re.

 

16.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 7 and No. 9 to No. 48 and Order of the Day (Government Business) No. 1 be postponed and taken into consideration after Order of the Day (Government Business) No. 2.

 

Postponement
of Business.

 

17.

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

Message No. 92

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to prohibit human cloning and other unacceptable practices associated with reproductive technology and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 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.

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

 

Messages from
House of Assembly:
Prohibition of Human Cloning Bill.

 

 

 

Message No. 93

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate certain activities involving the use of human embryos and other related activities; to amend the Reproductive Technology Act 1988; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 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.

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

 

Research Involving
Human Embryos
Bill.

 

 

 

Message No. 94

                 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Conveyancers Act 1994, the Land Business (Sale and Conveyancing) Act 1994 and the Local Government Act 1934; and to repeal the Advances to Settlers Act 1930, the Emergency Powers Act 1941, the Loans for Fencing and Water Piping Act 1938, the Loans to Producers Act 1927 and the Student Hostels (Advances) Act 1961, to which it desires the concurrence of the Legislative Council.

House of Assembly, 29 April 2003.                                                            I. P. LEWIS, Speaker.

                 Bill read a first time.

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

 

Statutes
Amendment and
Repeal (National
Competition
Policy) Bill.

 

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Road Safety Reforms) Bill.

 

In the Committee

 

                          Clause No. 13 further considered.

                 The Hon. C. V. Schaefer moved on page 6, lines 7 to 21, to leave out paragraphs (a) and (b).

                 The Hon. S. M. Kanck moved on page 6, lines 8 to 21, to leave out paragraph (b).

                  Question - That paragraph (a), as proposed to be struck out by the Hon. C. V. Schaefer, stand as printed - put.

Statutes
Amendment
(Road Safety
Reforms) Bill.

 

 

             Committee divided:

Ayes, 10

The Hon. A. L. Evans

The Hon. G. E. Gago

The Hon. J. M. Gazzola

The Hon. P. Holloway

The Hon. K. J. Reynolds

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. S. M. Kanck (Teller)

      So it was resolved in the affirmative.

 

Noes, 9

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. D. W. Ridgway

The Hon. J. F. Stefani

The Hon. T. J. Stephens

The Hon. C. V. Schaefer (Teller)

 

 

 

                 Question - That paragraph (b) stand as printed - put and negatived.

                          Clause No. 13, as amended, agreed to.

                          Clause No. 14 agreed to.

                          Clause No. 15 read.

                 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 next day of sitting.

 

 

 

19.

The Minister for Agriculture, Food and Fisheries, by leave, tabled a Ministerial Statement made by the Minister for Education and Children’s Services (The Hon. P. L. White, M.P.) concerning the Tabling of the Department of Education, Training and Employment Annual Report, 2001.

 

Paper Tabled.

20.

Ordered - That Orders of the Day (Private Business) No. 4 to No. 7 and No. 9 to No. 44 be postponed and taken into consideration after Order of the Day (Private Business) No. 45.

 

Postponement
of Business.

21.

The Council, according to order, resolved itself into a Committee of the whole for the consideration of the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill.

 

In the Committee

 

                          Clause No. 1 read.

                 The Hon. R. D. Lawson moved on page 3, lines 4 and 5, to leave out “Equal Superannuation Entitlements for Same Sex Couples” and insert “Superannuation Entitlements for Domestic Co-Dependents”.

                 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.

 

Statutes
Amendment
(Equal
Superannuation
Entitlements for
Same Sex
Couples) Bill.

22.

At two 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.

23.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Bill.

 

In the Committee

 

                 Clause No. 1 which the Hon. R. D. Lawson had moved to amend on page 3, lines 4 and 5, by leaving out “Equal Superannuation Entitlements for Same Sex Couples” and inserting “Superannuation Entitlements for Domestic Co-Dependents” - further considered.

                 Question - That the amendment be agreed to - put.

Statutes
Amendment
(Equal
Superannuation
Entitlements for
Same Sex
Couples) Bill.

 

             Committee divided:

Ayes, 5

The Hon. J.S.L. Dawkins

The Hon. A. L. Evans

The Hon. C. V. Schaefer

The Hon. T. J. Stephens

The Hon. R. D. Lawson (Teller)

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 12

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. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

The Hon. D. W. Ridgway

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. G. E. Gago (Teller)

 

 

 

                          Clause No. 1 agreed to.

                          Clauses No. 2 to No. 4 agreed to.

                          Clause No. 5 amended and agreed to.

                          Clause No. 6 agreed to.

                          Clause No. 7 amended and agreed to.

                          Clauses No. 8 and No. 9 agreed to.

                          Clause No. 10 amended and agreed to.

                          Clause No. 11 agreed to.

                          Clause No. 12 amended and agreed to.

                          Clause No. 13 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.

                 The Minister for Agriculture, Food and Fisheries, 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.

 

 

24.

The Hon. R. D. Lawson, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. R. D. Lawson then moved - That this Bill be now read a second time.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned until Wednesday, 14 May 2003.

 

Criminal Law
(Sentencing)
(Failure to Vote)
Amendment Bill.

25.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. K. Sneath - That the Report of the Statutory Authorities Review Committee on an Inquiry into the Passenger Transport Board be noted:

                 Debate resumed.

                 Question put and passed.

 

Statutory Authorities
Review Committee -
Report on an Inquiry into the Passenger
Transport Board
to be noted -
Motion re.

27.

Ordered - That Orders of the Day (Private Business) No. 7 and No. 9 to No. 14 be Orders of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the question - That the Members of Parliament (Register of Interests) (Overseas Travel) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. D. W. Ridgway, the debate was adjourned until Wednesday, 14 May 2003.

 

Members of
Parliament
(Register of Interests)
(Overseas Travel)
Amendment Bill.

29.

Ordered - That Orders of the Day (Private Business) No. 16 to No. 41 be Orders of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

30.

Ordered - That Order of the Day (Private Business) No. 42 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

31.

Ordered - That Orders of the Day (Private Business) No. 43 and No. 44 be Orders of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

32.

Ordered - That Order of the Day (Private Business) No. 46 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

33.

Ordered - That Order of the Day (Private Business) No. 47 be an Order of the Day for Wednesday, 14 May 2003.

 

Postponement
of Business.

34.

Ordered - That Order of the Day (Private Business) No. 48 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

35.

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

 

Postponement
of Business.

36.

Ordered - That the second reading of the Statutes Amendment and Repeal (National Competition Policy) Bill be taken into consideration forthwith.

                 The Minister for Agriculture, Food and Fisheries moved - That the Statutes Amendment and Repeal (National Competition Policy) Bill be now read a second time.

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

 

Statutes
Amendment and
Repeal (National
Competition Policy)
Bill.

 

37.

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

 

Next Day
of Sitting.

38.

Council adjourned at fifteen minutes past ten o’clock until tomorrow 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