SOUTH AUSTRALIA]

No. 62

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  31  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 Treasurer (The Hon. R. I. Lucas) -

                 Report of the South Australian Parliamentary Select Committee on the Murray River - South Australian Government Response.

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

                 Reports, 2000-2001 -

                          Director of Public Prosecutions.

                          Playford Centre.

                 Response from the Minister for Primary Industries and Resources and the South Australian Government to the Report of the Statutory Authorities Review Committee on its Inquiry into Animal and Plant Control Boards and Soil Conservation Boards.

                 SA Tab Sale - Probity Auditor’s Final Audit Report and Summary - 29 October 2001.

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

                 Corporation By-laws -

                          Prospect -

                                   No.    1   -   Permits and Penalties.

                                   No.    2   -   Moveable Signs.

                                   No.    3   -   Local Government Land.

                                   No.    4   -   Roads.

                                   No.    5   -   Dogs.

        By the Minister for Workplace Relations (The Hon. R. D. Lawson) -

                 Construction Industry Long Service Leave Board - Report, 2000-2001.

 

Papers.

   3.

The Hon. A. J. Redford brought up the Thirty-First Report, 2000-2001, of the Legislative Review Committee, which was read by the Clerk as follows -

                 The Regulation and By-law listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for a Notice 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
Regulation and By-law, the Committee may decide to take no further action.

 

Legislative
Review
Committee –
Thirty-First Report,
2000-2001.

 

                 Regulation referred to -

Gas Pipelines Access (South Australia) Act 1997 - Fees.

                 By-law referred to -

Local Government Act 1999 - District Council of Mallala - By-law No. 5 - Spraying and Dusting of Land.

 

 

   4.

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

 

 

Legislative
Review
Committee –
Thirty-Second Report,
2000-2001.

   5.

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

 

Statements on
Matters
of Interest.

   6.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

   7.

The Hon. N. Xenophon, pursuant to notice, moved -

              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.

                 Debate ensued.

                 On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 14 November 2001.

 

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

 

   8.

 

The Hon. C. V. Schaefer, pursuant to notice, moved - That the Report of the Social Development Committee on an Inquiry into Biotechnology - Part II - Food Production, be noted.

                 On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 14 November 2001.

 

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

 

   9.

The Hon. P. Holloway, pursuant to notice, moved - That this Council expresses its full confidence in Mr. Ken MacPherson, Auditor-General, and the Office of the Auditor-General.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 14 November 2001.

 

Auditor-General -
Motion re.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Annual Report of the Statutory Authorities Review Committee, 2000-2001, be noted:

                 Debate resumed.

                 Question put and passed.

Statutory
Authorities Review
Committee -
Annual Report
2000-2001,
be noted -
Motion re.

 

11.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J.S.L. Dawkins - That the Report of the Environment, Resources and Development Committee, 2000-2001, be noted:

                 Debate resumed.

                 Question put and passed.

Environment
Resources and
Development
Committee -
Annual Report
2000-2001,
be noted -
Motion re.

 

12.

Ordered - That Order of the Day (Private Business) No. 3 be an Order of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

13.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That he be ordered to lay on the Table the Fundraising Plan of the Liberal Party of Australia and associated statistical material:

 

Order to Table
Document -
Motion re.

 

                 Debate resumed.

                 And the Treasurer, having obtained leave to conclude his remarks:

                 The Hon. R. R. Roberts moved - That the Treasurer have leave to conclude his remarks on Wednesday, 14 November 2001.

                 Question put and negatived.

                 The Hon. R. R. Roberts moved - That the Treasurer have leave to conclude his remarks on next day of sitting.

                 Question put and negatived.

                 The Hon. R. R. Roberts moved - That the Treasurer have leave to conclude his remarks on  motion.

                 Question put and passed.

 

 

14.

At four 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.

 

15.

Ordered - That the adjourned debate on the motion of the Hon. R. R. Roberts - That he be ordered to lay on the Table the Fundraising Plan of the Liberal Party of Australia and associated statistical material - be now resumed.

                 Debate resumed.

                 On motion of the Hon. L. H. Davis, the debate was adjourned.

                 The Hon. R. R. Roberts moved - That the adjourned debate be an Order of the Day for next day of sitting.

                 Question put and negatived.

                 The Hon. R. R. Roberts moved - That the adjourned debate be an Order of the Day for Wednesday, 14 November 2001.

                 Question put and passed.

 

Order to Table
Document -
Motion re.

16.

Ordered - separately - That Orders of the Day (Private Business) No. 5 and No. 6 be Orders of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

17.

On the Order of the Day being read for the adjourned debate on the question - That the Referendum (Gaming Machines) Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 14 November 2001.

 

Referendum
(Gaming
Machines) Bill.

18.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 11 be Orders of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

19.

The Hon. M. J. Elliott, according to order, moved - That the Standing Orders Committee of the Legislative Council prepare amendments to the Standing Orders to provide for a significant increase in the number of Questions without Notice asked each sitting day.

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 14 November 2001.

 

Number of
Questions without
Notice -
Standing Orders
Committee to
examine -
Motion re.

 

20.

Ordered - separately - That Orders of the Day (Private Business) No. 13 to No. 15 be Orders of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to persons affected by the collapse of the HIH Insurance Group and, in particular, policy holders or those making a claim against policy holders.

                 Which the Hon. T. G. Roberts had moved to amend by leaving out all words after “South Australian Government” and inserting “to investigate the impact of the collapse of HIH Insurance Group on policy holders and claimants against policy holders with the intention of assisting victims caught through no fault of their own and ensuring through legislation that these circumstances do not occur again.”:

                 Debate resumed.

 

Collapse of
HIH Insurance
Group - State
Government
to provide
assistance -
Motion re.

 

 

                 The Attorney-General moved to amend the motion by leaving out all words after “That the Legislative Council” and inserting “commends the South Australian Government for its initiative announced on 24 July 2001 in responding to the consequences of the HIH Insurance Group collapse.”

                 On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 14 November 2001.

 

 

22.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council urges the South Australian Government to provide assistance to those horticulturalists whose crops were damaged by Benlate, but have been unable to reach a settlement with DuPont.

                 Which the Hon. T. G. Roberts had moved to amend by leaving out all words after “the South Australian Government” and inserting “to investigate the circumstances surrounding horticulturalists whose crops were affected by Benlate with the intention of offering appropriate assistance”:

                 Debate resumed.

                 Question - That the words proposed to be struck out by the Hon. T. G. Roberts stand part of the motion - put.

Horticulturalists’
Crops damaged
by Benlate -
State  Government
to provide
assistance –
Motion re.

 

 

             Council divided:

Ayes, 6

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. N. Xenophon

The Hon. M. J. Elliott (Teller)

 

 

 

 

 

      So it passed in the negative.

 

Noes, 11

The Hon. L. H. Davis

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. R. R. Roberts

The Hon. J. F. Stefani

The Hon. T. G. Roberts (Teller)

 

 

 

                 Question - That the words proposed to be inserted by the Hon. T. G. Roberts be so inserted - put.

 

 

             Council divided:

Ayes, 10

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. N. Xenophon

The Hon. T. G. Roberts (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. L. H. Davis

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

 

 

 

 

                 Question - That the motion moved by the Hon. M. J. Elliott, and as amended by the Hon. T. G. Roberts, be agreed to - put and passed.

 

 

23.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 20 be Orders of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

24.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Ticket-Vending Machines) Amendment Bill be now read a second time:

                 Debate resumed.

                 On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday, 14 November 2001.

 

Road Traffic
(Ticket-Vending
Machines)
Amendment Bill.

 

25.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 30 be Orders of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

  26.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Summary Offences (Piercing of Children) Amendment Bill.

 

In the Committee

 

                          Clause No. 1 further considered.

                 The Hon. I. Gilfillan moved on page 3, line 2, to leave out “of Children”.

                 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 Wednesday, 14 November 2001.

 

Summary Offences
(Piercing of
Children)
Amendment Bill.

27.

Ordered - That Order of the Day (Private Business) No. 32 be an Order of the Day for Wednesday, 14 November 2001.

 

Postponement
of Business.

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. J. F. Stefani - That the Interim Report of the Select Committee on the Future of the Queen Elizabeth Hospital be noted:

                 Debate resumed.

                 Question put and passed.

 

Select Committee
on the Future of the
Queen Elizabeth
Hospital -
Interim Report
to be noted -
Motion re.

 

29.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Building Work Contractors Act 1995, the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relationships Act 1996, the District Court Act 1991, the Judicial Administration (Auxiliary Appointments and Powers) Act 1988, the Magistrates Court Act 1991, the Mining Act 1971, the Opal Mining Act 1995, the Retail and Commercial Leases Act 1995, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Unclaimed Goods Act 1987 and the Workers Rehabilitation and Compensation Act 1986.

                 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Statutes
Amendment
(Courts and Judicial Administration)
Bill.

30.

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Prices Act 1948.

                 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. C. A. Pickles, the debate was adjourned until next day of sitting.

 

Prices
(Prohibition on
Return of
Unsold Bread)
Amendment Bill.

31.

The Minister for Disability Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to State Supply Act 1985.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Disability Services then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

State Supply
(Miscellaneous)
Amendment Bill.

32.

Ordered - That Order of the Day (Government Business) No. 1 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

33.

Ordered - That Order of the Day (Government Business) No. 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

34.

Ordered - That Orders of the Day (Government Business) No. 3 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

35.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 18 be postponed and taken into consideration after Order of the Day (Government Business) No. 19.

 

Postponement
of Business.

  36.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of Message No. 119 relating to the Victims of Crime Bill.

 

In the Committee

 

                 Resolved - That Amendment No. 1 be disagreed to.

                 The Attorney-General moved - That the following alternative amendment be agreed to in lieu thereof:

                          Clause 20, page 15, line 26 - Before “the amount” insert “if the numerical value so assigned is 2 or less, no award will be made for non-financial loss but, if the numerical value exceeds 2,”.

                  Question - That the alternate amendment moved by the Attorney-General be agreed to - put.

Victims of
Crime Bill.

 

             Committee divided:

Ayes, 9

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

      So it was resolved in the affirmative.

 

Noes, 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. N. Xenophon

The Hon. I. Gilfillan (Teller)

 

 

 

                          Resolved - That Amendments No. 2 to No. 4 be agreed to.

_____________________

 

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

                 Ordered - That a Committee consisting of the Hon. I. Gilfillan, the Hon. C. A. Pickles and the Attorney-General be appointed to prepare Reasons for Disagreeing to the Amendment of the House of Assembly.

                 The Attorney-General brought up the Report of the Committee appointed to prepare Reasons for Disagreeing to the Amendment of the House of Assembly, which was read by the Clerk as follows:

                          Because the amendment is fairer than the amendment proposed by the House of Assembly.

                 Ordered - That the Report be adopted.

 

 

37.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 10 be postponed and taken into consideration after Order of the Day (Government Business) No. 11.

 

Postponement
of Business.

 

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.

                 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. 10 agreed to.

                          Clause No. 11 amended and agreed to.

                          Clause No. 12 amended and agreed to.

                          Clauses No. 13 to No. 27 agreed to.

                          Schedule agreed to.

                          Title agreed to.

_____________________

 

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

 

 

                 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.

 

 

39.

Ordered - That Orders of the Day (Government Business) No. 7 to No. 9 be Orders of the Day for next day of sitting.

 

Postponement
of Business.

40.

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.

                 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. 19 agreed to.

                          Clause No. 20 read.

                 The Hon. P. Holloway moved on page 8, after line 27, to insert new subclauses as follow:

                                                  “(1a) If, on 1 July 2003, a resident who entered into the relevant residence contract before the commencement of this section has ceased to reside in the retirement village and is paying (or is liable to pay) for maintenance or other recurrent charges in respect of the unit occupied by the resident before he or she left the retirement village, or otherwise in connection with the retirement village, then—

                          (a)        the administering authority must immediately assume responsibility for the payment of those charges (but not so as to assume responsibility for any charge accrued before 1 July 2003); and

                          (b)        section 9A of the principal Act, as amended by this Act, will apply with respect to the resident but subject to the qualification that the prescribed period under subsection (2a) of that section will be taken to be a period commencing on 1 July 2003 and ending—

                                        (i)       on 31 December 2003, or such later date as may be determined by the Tribunal in accordance with the provisions of section 9A of the principal Act; or

                                        (ii)      when the unit occupied by the resident before he or she left the retirement village is resold or relicensed,

                                        whichever is the earlier.

                                                  (1b) If, on or after 1 July 2003, a resident who entered into the relevant residence contract before the commencement of this section ceases to reside in the retirement village, then section 9A of the principal Act, as amended by this Act, will apply with respect to the resident.”

                 The Hon. T. G. Cameron moved on page 8, after line 27, to insert new subclauses as follow:

                                                  “(1a) If, on 1 January 2004, a resident who entered into the relevant residence contract before the commencement of this section has ceased to reside in the retirement village and is paying (or is liable to pay) for maintenance or other recurrent charges in respect of the unit occupied by the resident before he or she left the retirement village, or otherwise in connection with the retirement village, then—

                          (a)        the administering authority must immediately assume responsibility for the payment of those charges (but not so as to assume responsibility for any charge accrued before 1 January 2004); and

                          (b)        section 9A of the principal Act, as amended by this Act, will apply with respect to the resident but subject to the qualification that the prescribed period under subsection (2a) of that section will be taken to be a period commencing on 1 January 2004 and ending—

 

Retirement Villages
(Miscellaneous)
Amendment Bill.

 

 

                                        (i)       on 30 June 2004, or such later date as may be determined by the Tribunal in accordance with the provisions of section 9A of the principal Act; or

                                        (ii)      when the unit occupied by the resident before he or she left the retirement village is resold or relicensed,

                                        whichever is the earlier.

                                                  (1b) If, on or after 1 January 2004, a resident who entered into the relevant residence contract before the commencement of this section ceases to reside in the retirement village, then section 9A of the principal Act, as amended by this Act, will apply with respect to the resident.”

                 Question - That the amendment moved by the Hon. P. Holloway be agreed to - put.

 

 

             Committee divided:

Ayes, 7

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. N. Xenophon

The Hon. P. Holloway (Teller)

 

      So it passed in the negative.

 

Noes, 8

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. J. F. Stefani

The Hon. R. D. Lawson (Teller)

 

 

 

                 Question - That the amendment moved by the Hon. T. G. Cameron be agreed to - put and passed.

                          Clause No. 20, as amended and otherwise amended, 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 Disability Services, 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.

 

 

41.

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

 

Postponement
of Business.

42.

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

 

Next Day of Sitting.

43.

Council adjourned at nineteen minutes to twelve o’clock midnight until tomorrow 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