SOUTH AUSTRALIA]

No. 61

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  30  OCTOBER  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 President -

                 Report of the Ombudsman, 2000-2001.

        By the Treasurer (The Hon. R. I. Lucas) -

                 Reports, 2000-2001 -

                          Adelaide Convention Centre.

                          Adelaide Entertainment Centre.

                          Department of Premier and Cabinet.

                          South Australian Government Captive Insurance Corporation.

                          South Australian Motor Sport Board - Independent Audit Report.

                          South Australian Tourism Commission.

        By the Minister for Industry and Trade (The Hon. R. I. Lucas) -

                 Department of Industry and Trade - Report, 2000-2001.

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

                 Reports, 2000-2001 -

                          Industrial and Commercial Premises Corporation.

                          Land Management Corporation.

                          South Australian Classification Council.

                 Regulation under the following Act -

                          Maritime Services (Access) Act 2000 - Ardrossan.

                 Information Industries Development Centre - Charter.

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

                 Reports, 2000-2001 -

                          Animal Welfare Advisory Committee.

                          Commissioners of Charitable Funds.

                          South Australian Housing Trust.

                          Wilderness Protection Act 1992.

                 Corporation By-laws -

                          Marion -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Signs.

                                   No.    3   -   Local Government Land.

 

Papers.

 

                                   No.    4   -   Dogs.

                                   No.    5   -   Streets and Roads.

                          Port Adelaide Enfield -

                                   No.    1   -   Permits, Offences, Penalties and Repeal.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Local Government Land.

                                   No.    4   -   Roads.

                                   No.    5   -   Dogs.

                                   No.    6   -   Lodging Houses.

                 Development Act 1993 - Report on the Interim Operation of Salisbury East Policy Area Plan Amendment Report.

        By the Minister for Disability Services (The Hon. R. D. Lawson) -

                 Department of Human Services - Report, 2000-2001.

 

 

   3.

The Attorney-General brought up the Report of the Select Committee on the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2), together with Minutes of Proceedings and Evidence.

                 Ordered - That the Report be printed.  (Paper No. 242)

                 The Attorney-General, by leave, without notice, moved - That the Classification (Publications, Films and Computer Games) (Miscellaneous) Amendment Bill (No. 2) be not reprinted as amended by the Select Committee and that the Bill be recommitted to a Committee of the Whole on next day of sitting.

                 Question put and passed.

 

Select Committee
on the Classification
(Publications, Films
and Computer
Games)
(Miscellaneous)
Amendment Bill
(No. 2).

   4.

 

The Hon. C. V. Schaefer brought up the Report of the Social Development Committee on an Inquiry into Biotechnology - Part II - Food Production.

                 Ordered - That the Report be printed.  (Paper No. 240)

 

Social
Development
Committee -
Report into
Biotechnology -
Part II - Food
Production.

 

   5.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Human Services (The Hon. D. C. Brown, M.P.) on the Report to Parliament on Palliative Care in South Australia 2001, together with the Report.

 

Paper Tabled.

    6.

The Hon. P. Holloway, having directed a question to the Attorney-General, referred to two Memoranda of Advice by Mr. Michael Abbott, Q.C., on the Report of Mr. Dean Clayton, Q.C., into the evidence given to the First Software Centre Inquiry (“The Cramond Inquiry”), dated 22 October 2001 and dated 26 October 2001 respectively, and Members having called on him to table the documents:

                 The Hon. P. Holloway, by leave, tabled the documents.

 

Paper Tabled

    7.

The Attorney-General, in replying to a question asked by the Hon. P. Holloway, tabled a copy of a letter from him to Mr. Paul Rofe, Q.C., Director of Public Prosecutions, dated 24 October 2001.

 

Paper Tabled.

   8.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for Thursday, 1 November 2001.

 

Postponement
of Business.

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.

 

Postponement
of Business.

  10.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Liquor Licensing (Review and Appeals) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered, amended and agreed to.

                          Clause No. 2 agreed to.

                          New clause No. 2A inserted.

                          Clause No. 3 read.

 

Liquor Licensing
(Review and
Appeals)
Amendment Bill.

 

                 The Attorney-General moved on page 3, after line 11, to insert new paragraph as follows:

                          (ab)    by inserting in subsection (1) "(which is not otherwise subject to review or appeal)" after "the Commissioner's decision";”.

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

Ayes, 14

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

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. Redofrd

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. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 6

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. T. G. Cameron (Teller)

 

 

 

 

                          Clause No. 3 amended and agreed to.

                          Clauses No. 4 and No. 5 agreed to.

                          New clause No. 5A inserted.

                          New clause No. 5B inserted.

                          Clause No. 6 read.

                 The Hon. A. J. Redford moved on page 3, line 30, after “is amended” to insert the following:

                          “—

                          (a)        by inserting after subsection (3) the following subsection:

                                                   (3a) If a complaint is lodged with the Commissioner under this section—

                                                   (a)     the Commissioner must cause a copy of the complaint to be served on the licensee of the licensed premises to which the complaint relates no later than 7 days after its lodgement; and

                                                   (b)     no conciliation meeting or other hearing may be held on the complaint until the period of 14 days has elapsed from the day of that service.;

                          (b)        by striking out from subsection (4) "If a complaint is lodged with the Commissioner under this section" and substituting "Unless either party to the proceedings on a complaint requests that the matter proceed direct to a hearing and the Commissioner is of the opinion that good reason exists for concurring with the request,";

                          (c)”.

                 The Hon. S. M. Kanck moved on page 3, line 30, after “is amended” to insert the following:

                          “—

                          (a)        by striking out from subsection (1) "resides, works or worships in the vicinity of the licensed premises," and substituting "resides in the vicinity of the licensed premises, or works or worships on a regular basis in the vicinity of the licensed premises at a time when the activity, noise or behaviour is occurring,";

                          (b)        by striking out from subsection (3)(a) "reside, work or worship in the vicinity of the licensed premises" and substituting "reside in the vicinity of the licensed premises, or who work or worship on a regular basis in the vicinity of the licensed premises at a time when the activity, noise or behaviour is occurring";

 

 

 

                          (c)        by inserting after subsection (3) the following subsection:

                                                   (3a)    If a complaint is lodged with the Commissioner under this section, no conciliation meeting or other hearing may be held on the complaint until the period of 28 days has elapsed from the day on which a copy of the complaint was served on the licensee by the complainant.;

                          (d)        by striking out from subsection (4) "If" and substituting "Subject to subsections (4a) and (4b), if";

                          (e)        by inserting after subsection (4) the following subsections:

                                                   (4a)    The Commissioner may dismiss a complaint lodged under this section, without endeavouring to resolve the subject matter of the complaint, if satisfied that—

                                                   (a)     the complaint has not been properly made under this section; or

                                                   (b)     the complaint was frivolous or vexatious; or

                                                   (c)      the subject matter of the complaint arose out of an isolated incident and was not sufficiently serious to warrant further action.

                                                   (4b) The Commissioner may, at the request of the complainant or the licensee, suspend proceedings under this section at any time to allow an opportunity for a settlement to be negotiated.;

                          (f)”.

                 Question - That the words proposed to be inserted by the Hon. S. M. Kanck, be so inserted - put and negatived.

                 Question - That the words proposed to be inserted by the Hon. A. J. Redford, be so inserted - put and passed.

                          Clause No. 6, as amended and further amended, agreed to.

                          Clauses No. 7 to No. 9 agreed to.

                          Schedule 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 Attorney-General, 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.

                

 

11.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 and No. 11 to No. 16 be postponed and taken into consideration after Order of the Day (Government Business) No. 17.

 

Postponement
of Business.

12.

On the Order of the Day being read for the adjourned debate on the question - That the Rail Transport Facilitation Fund Bill be now read a second time:

                 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

 

                          Clauses No. 1 to No. 6 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 without amendment; whereupon the Council adopted such report.

                 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.

 

Rail Transport
Facilitation Fund
Bill.

 

 

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

13.

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.

 

14.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

  15.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Coroners Bill.

 

In the Committee

 

                          Clause No. 3 further considered.

                 The Hon. I. Gilfillan moved on page 5, after line 8, to insert new definition as follows:

                       “"putative spouse" of a dead person means—

                             (a)     a person who was, as at the date of death, a putative spouse of the dead person within the meaning of the Family Relationships Act 1975, whether or not a declaration of the relationship has been made under that Act; or

                             (b)     a person of the same sex who was, as at the date of death, cohabiting with the person in a relationship that had the distinguishing characteristics of a relationship between a married couple (except for the characteristic of being of a different sex and other characteristics arising from that characteristic) and—

                                        (i)       he or she had so cohabited with that person continuously for a period of 5 years immediately preceding that date; or

                                        (ii)      he or she had during the period of 6 years immediately preceding that date so cohabited with that person for periods aggregating not less than 5 years;”.

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

                 The Hon. I. Gilfillan moved on page 6, after line 10, to insert new definition as follows:

                       “"senior next of kin" of a dead person means—

                                 (a)       if the person had, as at the date of death, a spouse or putative spouse—the spouse or putative spouse;

                                 (b)       if the spouse or putative spouse is not available or the person did not have, as at the date of death, a spouse or putative spouse—an adult child of the person;

                                 (c)       if a spouse, putative spouse or adult child of the person is not available—a parent of the person;

                                 (d)       if a spouse, putative spouse, adult child or parent of the person is not available—an adult sibling of the person;

                                 (e)       if a spouse, putative spouse, adult child, parent or adult sibling of the person is not available—an executor named in the will of the person or some other person who was, immediately before the death of the person, the personal representative of the person;”.

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

                          Clause No. 3 otherwise amended and agreed to.

                          Clause No. 4 read.

                 The Attorney-General moved on page 7, line 9, after “term” to insert “of 7 years”.

                 The Hon. I. Gilfillan moved on page 7, line 9, to leave out paragraph (a).

                 Question - That all words in paragraph (a) down to and including “term” stand as printed - put and passed.

                 Question - That the words proposed to be inserted by the Attorney-General, be so inserted - put and passed.

 

Coroners Bill.

 

                 The Hon. I. Gilfillan moved on page 7, after line 10, to insert new subclause as follows:

                                 “(5) A person ceases to hold office as State Coroner if the person—

                                          (a)    resigns from that office; or

                                          (b)    ceases to be a stipendiary magistrate; or

                                          (c)    is removed from that office in accordance with subsection (6).

                                    (6) A person cannot be suspended or removed from the office of State Coroner except on an address from both Houses of Parliament praying for the person's suspension or removal.”.

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

                          Clause No. 4, as amended and otherwise amended, agreed to.

                          Clauses No. 5 to No. 22 agreed to.

                 The Hon. I. Gilfillan moved on page 13, after line 21, to insert new clause as follows:

                          Objections to post-mortem examinations

                                                   22A. (1) If the senior next of kin of a person whose death has been reported to the State Coroner has requested the State Coroner that no post-mortem examination of the body of the dead person be performed but the State Coroner or the Coroner's Court forms the opinion that such an examination is necessary, the State Coroner must immediately give written notice of the decision to the senior next of kin.

                                                   (2) The senior next of kin may, within 48 hours after being served such a notice, apply to the Supreme Court for an order preventing the performance of the post-mortem examination and the Supreme Court may, if satisfied that it is proper to do so in all the circumstances, make such an order.

                                                   (3) If an application is made under subsection (2), the post-mortem examination cannot be performed unless and until the application is dismissed or withdrawn.

                                                   (4) However, despite subsections (2) and (3) and any order of the Supreme Court, if the State Coroner or the Coroner's Court (as the case may be) is of the opinion that it is, in all the circumstances, necessary that the post-mortem examination be performed without delay, the State Coroner or the Coroner's Court may give directions to that effect and the post-mortem examination may be performed accordingly.”.

                  Question - That new clause No. 22A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

            Committee divided:

Ayes, 4

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 13

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

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. K. T. Griffin (Teller)

 

 

 

 

                 The Hon. I. Gilfillan moved on page 13, after line 21, to insert new clause as follows:

                          Objections to exhumation warrants

                                        22B. (1) Before an exhumation warrant issued by the State Coroner or the Coroner's Court is executed in relation to a dead person, the State Coroner must give written notice to the dead person's senior next of kin of the proposal to execute the warrant.

                                        (2) The senior next of kin may, within 48 hours after being served such a notice, apply to the Supreme Court for an order preventing the execution of the exhumation warrant and the Supreme Court may, if satisfied that it is proper to do so in all the circumstances, make such an order.

                                        (3) If an application is made under subsection (2), the exhumation warrant cannot be executed unless and until the application is dismissed or withdrawn.

 

 

 

                                        (4) However, despite subsections (2) and (3) and any order of the Supreme Court, if the State Coroner or the Coroner's Court (as the case may be) is of the opinion that it is, in all the circumstances, necessary that the exhumation warrant be executed without delay, the State Coroner or the Coroner's Court may give directions to that effect and the warrant may be executed accordingly.”.

                 Question - That new clause No. 22B, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put and negatived.

                          Clauses No. 23 and No. 24 agreed to.

                          Clause No. 25 read.

                 The Hon. I. Gilfillan moved on page 15, line 5, to leave out “may” and insert “must, unless of the opinion that it is not warranted in the circumstances,”.

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

Ayes, 9

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

      So it was resolved in the affirmative.

 

Noes, 8

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 The Hon. I. Gilfillan moved on page 15, after line 7, to insert new subclause as follows:

                                                   “(2a) A recommendation may be made under subsection (2) despite the fact that it relates to a matter that was not material to the event the subject of the inquest.”.

                 Question - That the amendment be agreed to - put.

 

 

            Committee divided:

Ayes, 8

The Hon. M. J. Elliott

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. I. Gilfillan (Teller)

 

      So it passed in the negative.

 

Noes, 9

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. K. T. Griffin (Teller)

 

 

 

 

                          Clause No. 25, as amended and otherwise amended, agreed to.

                          Clauses No. 26 to No. 38 agreed to - put and passed.

                 The Hon. I. Gilfillan moved on page 20, after line 14, to insert new clause as follows:

                          “Annual report

                                        38A. (1) The State Coroner must, on or before 31 October in each year, make a report to the Attorney-General on the administration of the Coroner's Court and the provision of coronial services under this Act during the previous financial year.

                                        (2) The report must include all recommendations made by the Coroner's Court under section 25 during that financial year.

                                        (3) The Attorney-General must, within 12 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.”.

                 Question - That new clause No. 38A, as proposed to be inserted by the Hon. I. Gilfillan, be so inserted - put.

 

 

            Committee divided:

Ayes, 8

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. R. K. Sneath

The Hon. N. Xenophon

The Hon. I. Gilfillan (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

 

                          Clause No. 38A inserted.

                          Clauses No. 39 to No. 43 agreed to.

                          Schedule 1 amended and agreed to.

                          Schedule 2 agreed to.

                          Schedule 3 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 Attorney-General, 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.

 

 

16.

Ordered - That Orders of the Day (Government Business) No. 5 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 22.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment and Repeal (Starr-Bowkett Societies) Bill be now read a second time:

                 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

 

                          Clauses No. 1 to No. 4 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 without amendment; whereupon the Council adopted such report.

                 The Attorney-General, 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.

 

Statutes
Amendment
and Repeal
(Starr-Bowkett Societies) Bill.

 

18.

Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

19.

Ordered - That Order of the Day (Government Business) No. 14 be postponed and taken into consideration after Order of the Day (Government Business) No. 15.

 

Postponement
of Business.

20.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Attorney-General’s Portfolio) Bill be now read a second time:

                 Debate resumed.

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

 

Statutes
Amendment
(Attorney-General’s
Portfolio) Bill.

 

21.

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

Message No. 117

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Criminal Law Consolidation Act 1935, the Domestic Violence Act 1994 and the Summary Procedure Act 1921, without any amendment.

House of Assembly, 25 October 2001.                                                               J.K.G. OSWALD, Speaker.

 

Messages from
House of Assembly:
Statutes
Amendment
(Stalking) Bill.

 

 

Message No. 118

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Unclaimed Superannuation Benefits Act 1997, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 30 October 2001.                                                               J.K.G. OSWALD, Speaker.

 

Unclaimed Benefits
Superannuation
(Miscellaneous)
Amendment Bill.

 

Schedule of the Amendment made by the House of Assembly

Page 4, after line 17 – insert new clause 7 as follows –

         Amendment of s. 7 - Treasurer to refund certain amounts

                 7. Section 7 of the principal Act is amended -

           (a)   by striking out from subsection (1) (b) "Part 22 of";

           (b)   by inserting after "the Commonwealth Act" in subsection (1) (b) "and Part 22 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth";

           (c)   by striking out from subsection (1) (b) "trustee" and substituting "superannuation provider";

           (d)   by striking out from subsection (2) "trustee," first occurring and substituting "superannuation provider,";

           (e)   by striking out from subsection (2) "trustee" second and third occurring and substituting, in each case, "provider".

G. D. MITCHELL, Clerk of the House of Assembly.

 

 

                 Ordered - That the Message be taken into consideration forthwith.

                 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

 

                          Resolved - That the amendment be agreed to.

____________________

 

                 The President resumed the Chair and reported accordingly; whereupon the Council adopted such report.

                

 

 

Message No. 119

                 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to lay down principles to govern the treatment of victims of crime in the criminal justice system; to provide limited rights to statutory compensation for injury suffered as a result of the commission of criminal offences; to repeal the Criminal Injuries Compensation Act 1978; to make related amendments to other Acts; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 25 October 2001.                                                               J.K.G. OSWALD, Speaker.

 

Victims of
Crime Bill.

 

Schedule of the Amendments made by the House of Assembly

No. 1.       Clause 20, page 15, line 26—Before "the amount" insert:

                             if the numerical value so assigned is 3 or less, no award will be made for non-financial loss but, if the numerical value exceeds 3,

No. 2.         Page 24, after line 2 – insert new clause 30 as follows:

                             Victims of Crime Fund

                                        30. (1) The Fund previously known as the Criminal Injuries Compensation Fund continues in existence as the Victims of Crime Fund.

                                        (2) The Fund consists of—

                                 (a)      the money provided by Parliament for the purposes of the Fund; and

                                 (b)      any amounts paid into the Fund under subsection (3); and

                                 (c)      any amounts recovered by way of levy under this Part; and

                                 (d)      any amounts recovered by the Attorney‑General under this Act; and

                                 (e)      any money paid into the Fund under any other Act.

                                        (3) In each financial year, the prescribed proportion of the aggregate amount paid into General Revenue by way of fines will be paid into the Fund.

                                        (4) A payment made by the Attorney‑General under this Act will be debited to the Fund.

                                        (5) A deficiency in the Fund will be met from the Consolidated Account.

No. 3.         Page 24, after line 25 – insert new clause 32 as follows:

                             Imposition of levy

                                        32. (1) A levy is imposed for the purpose of providing a source of revenue for the Fund.

                                        (2) Subject to subsection (3) and any exceptions prescribed by the regulations, the levy is imposed on—

                                 (a)      all persons convicted of offences after the commencement of this section (whether the offence was committed before or after the commencement of this section); and

                                 (b)      all persons who expiate offences under expiation notices issued after the commencement of this section.

                                        (3) A levy is not imposed on a person convicted of an offence if the person has paid the levy under an expiation notice issued for the same offence.

                                        (4) The amount of the levy is to be fixed by regulation.

                                        (5) The amount of the levy may vary according to any one or more of the following factors:

                                 (a)      the nature of the offence;

                                 (b)      whether the offence is a summary or an indictable offence;

                                 (c)      whether or not the offence is expiated;

                                 (d)      whether or not the offender is an adult;

                                 (e)      variations in the consumer price index.

                                        (6) If a levy is payable under this section by a person who expiates an offence—

                                 (a)      the amount of the levy must be shown on the expiation notice; and

                                 (b)      despite any other law, the offence will not be regarded as expiated, and no immunity from prosecution will arise, unless the levy has been paid.

                                        (7) If a levy is payable under this section by a person who is convicted of an offence—

                                 (a)      the amount of the levy must be shown in—

(i)      any formal record of the conviction and sentence; and

(ii)     any notice of the conviction and sentence given to the defendant; and

(iii)    any warrant of commitment issued for the imprisonment of the defendant for the offence; and

                                 (b)      the court may not, at the time of convicting or sentencing the defendant for the offence, reduce the levy or exonerate the defendant from liability to pay it; and

                                 (c)      the levy is recoverable under the Criminal Law (Sentencing) Act 1988.

                                        (8) Despite any other provision of this section, the Governor may remit a levy, or a part of a levy, payable by a person under this section.

 

 

 

No. 4.       Clause 35, page 26, after line 17—Insert:

                                        (3) However, a delegation cannot be made under this section of the Attorney-General's power to decline to satisfy an order for statutory compensation (or for statutory compensation and costs) or to reduce the payment to be made under such an order1.

1.          See section 27(2).

G. D. MITCHELL, Clerk of the House of Assembly.

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

 

 

22.

On the Order of the Day being read for the adjourned debate on the question - That the Retirement Villages (Miscellaneous) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned until next day of sitting.

 

Retirement Villages
(Miscellaneous)
Amendment Bill.

 

23.

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

 

Postponement
of Business.

24.

Council adjourned at fifteen minutes past ten 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. 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