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LEGISLATIVE COUNCIL OF ________________ STATISTICS ________________ FOURTH SESSION OF
THE FIFTIETH PARLIAMENT ________________ ________________ |
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TABLE OF CONTENTS |
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MEMBERS
OF THE LEGISLATIVE COUNCIL |
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The Hon. Ronald Roy ROBERTS (President of
the Legislative Council) |
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The Hon. Terry Gordon CAMERON, J.P. |
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The Hon. John Samuel Letts DAWKINS, A.D.F.M. |
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The Hon. Andrew Lee EVANS, O.A.M. |
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The Hon. Gail Elizabeth GAGO |
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The Hon. John Mario GAZZOLA |
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The Hon. Ian GILFILLAN |
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The
Hon. Paul HOLLOWAY, B.Sc., B.E.(Hons.), B.Ec. |
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The Hon. Sandra Myrtho KANCK, Dip.T. |
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The Hon. Robert David LAWSON, Q.C., R.F.D.,
B.A., LL.B. |
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The Hon. Jacqueline Michelle Ann LENSINK, B.App.Sc. (Physiotherapy), M.B.A |
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The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. |
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The Hon. Angus John |
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The Hon. Kathryn Joy REYNOLDS |
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The Hon. David Wickham RIDGWAY |
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The Hon. Terance Gerald ROBERTS |
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The Hon. Caroline Veronica SCHAEFER |
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The Hon. Robert Kenneth SNEATH |
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The Hon. Julian Ferdinand STEFANI, O.A.M. |
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The Hon. Terence John STEPHENS |
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The Hon. Nicholas XENOPHON, LL.B. |
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The Hon. Carmel
ZOLLO |
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OFFICERS
OF THE LEGISLATIVE COUNCIL |
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PRESIDENT |
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The Hon.
Ronald Roy ROBERTS, M.L.C. |
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CLERK OF THE LEGISLATIVE COUNCIL |
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Mrs.
Janice M. DAVIS, B.A.(Juris.) |
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DEPUTY CLERK AND USHER OF THE BLACK ROD |
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Mr. Trevor
R. BLOWES, B.A. |
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CLERK-ASSISTANT |
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Mr.
Christopher D. SCHWARZ, B.A.(Comm.), Grad.Dip.Soc.Sc. (Pol.Admin.) |
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PARLIAMENTARY OFFICER |
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Ms. Noeleen M. Ryan,
B.A. |
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COMMITTEES |
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COMMITTEES
APPOINTED UNDER |
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Appointed
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The
Hon G E Gago MLC |
Ms
L R Breuer MP |
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Committee
Secretary: Mr. P. Frensham |
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Appointed
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The
Hon J M Gazzola MLC |
Mrs
R K Geraghty MP |
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Committee
Secretary: Mr. G. Kosmas, B.Arch.St.,
B.A.(Hons.), LL.B., G.D.L.P. |
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Appointed
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The
Hon T G Cameron MLC |
Ms
F |
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*Appointed |
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STATUTORY
AUTHORITIES REVIEW COMMITTEE |
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Appointed
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The
Hon A L Evans MLC |
The
Hon T J Stephens MLC |
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Committee
Secretary: Mr. G. Hickery, B.Ec. |
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OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION
COMMITTEE |
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Appointed
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The
Hon J M Gazzola MLC |
Mr
P Caica MP |
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*Appointed |
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Appointed
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The
Hon P Holloway MLC (Minister for Industry and Trade) |
The
Hon M J Atkinson MP (Attorney-General) |
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Committee
Secretary: Mr. T. R. Blowes, B.A. |
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Appointed
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The
Hon S M Kanck
MLC |
Mr
P Caica MP |
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*Appointed |
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COMMITTEE
APPOINTED UNDER ABORIGINAL LANDS PARLIAMENTARY STANDING COMMITTEE ACT 2003 |
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Appointed
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The
Hon T G Roberts MLC (Minister for Aboriginal Affairs and Reconciliation) |
Ms
L R Breuer MP |
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Executive/Research
Officer: Mr. J. Nicholls, B.A.(Hons.) |
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JOINT COMMITTEES |
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Appointed
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The
President (The Hon R R Roberts MLC) |
The
Speaker (The Hon I P Lewis MP) |
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*Appointed |
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SESSIONAL COMMITTEES |
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Appointed
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The President (The Hon R R
Roberts MLC) |
The
Hon R D Lawson MLC |
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Appointed |
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The
Hon G E Gago MLC |
The
Hon R K Sneath MLC |
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SELECT COMMITTEES |
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ALLEGEDLY
UNLAWFUL PRACTICES RAISED IN THE AUDITOR-GENERAL’S ANNUAL REPORT, 2003-2004 |
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Appointed |
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The Hon P Holloway MLC (Minister for| Industry and Trade) |
The Hon R I Lucas MLC |
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ASSESSMENT AND TREATMENT SERVICES FOR PEOPLE WITH
MENTAL HEALTH DISORDERS |
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Appointed |
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The Hon C Zollo MLC
(Minister for| Emergency Services) |
The Hon G E Gago MLC |
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Interim Report after
Prorogation, |
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Appointed |
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The Hon P Holloway MLC (Minister for| Industry and Trade) |
The
Hon R D Lawson MLC |
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COLLECTION
OF PROPERTY TAXES BY STATE AND LOCAL GOVERNMENT, INCLUDING SEWERAGE CHARGES
BY SA WATER |
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Appointed |
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The
Hon G E Gago MLC |
The
Hon J F Stefani MLC |
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ELECTRICITY
INDUSTRY IN |
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Appointed |
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The Hon P Holloway MLC (Minister for |
The
Hon R K Sneath MLC |
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Appointed |
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The Hon P Holloway MLC (Minister for |
The
Hon R I Lucas MLC |
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Reported |
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Appointed |
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The Hon T G Roberts MLC (Minister for |
The
Hon S M Kanck MLC |
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Interim Report after
Prorogation, |
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Appointed |
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The Hon C Zollo MLC
(Minister for |
The
Hon I Gilfillan MLC |
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Reported |
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REFINING, STORAGE AND
SUPPLY OF FUEL IN |
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Appointed |
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The Hon T G Roberts MLC (Minister for |
The
Hon K J Reynolds MLC |
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Interim Report after Prorogation,
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STAFFING,
RESOURCING AND EFFICIENCY OF THE |
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Appointed
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The Hon JSL Dawkins MLC |
The
Hon R D Lawson MLC |
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THE
OFFICES OF THE DIRECTOR OF PUBLIC PROSECUTION AND THE CORONER |
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Appointed |
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The
Hon I Gilfillan MLC |
The
Hon R K Sneath MLC |
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THE ROLE
AND ADEQUACY OF GOVERNMENT FUNDED NATIONAL BROADCASTING |
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Appointed |
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The
Hon JSL Dawkins MLC |
The
Hon N Xenophon MLC |
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Reported |
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THE STATUS OF FATHERS IN |
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Appointed
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The
JSL Dawkins MLC |
The
Hon JMA Lensink MLC |
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Reported |
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LIST
OF BILLS CONSIDERED BY |
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Legislative
Council origin |
40 |
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Bill
Divided - Development (Sustainable Development) Amendment (No. 2) |
1 |
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House
of Assembly origin |
85 |
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Bills
restored in Legislative Council - |
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Legislative
Council origin: |
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Children’s Protection (Mandatory
Reporting) Amendment |
1 |
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Correctional Services (Parole)
Amendment |
1 |
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Development (Protection of Solar
Collectors) Amendment |
1 |
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Industrial and Employee Relations
(Prohibition Against Bargaining Service Fees) Amendment |
1 |
4 |
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House of
Assembly origin: |
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Constitution (Oath of Allegiance)
Amendment |
1 |
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Criminal Law Consolidation
(Abolition of the Drunk’s Defence) Amendment |
1 |
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Medical Practice |
1 |
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Professional Standards |
1 |
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Stamp Duties (Miscellaneous)
Amendment |
1 |
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Statutes Amendment and Repeal
(Aggravated Offences) |
1 |
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Summary Offences (Tattooing and
Piercing) Amendment |
1 |
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Tobacco Products Regulation
(Further Restrictions) Amendment |
1 |
8 |
12 |
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138 |
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Legislative
Council origin |
11 |
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Bill Restored |
1 |
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House
of Assembly origin |
81 |
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Bill Restored |
6 |
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99 |
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BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH
HOUSES |
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Legislative Council
origin: |
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Asbestos (Protective Measures) - lapsed in Council. |
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Restored
Bills in Legislative Council: |
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Children’s
Protection (Mandatory Reporting) Amendment - lapsed in House of Assembly. |
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House of Assembly
origin: |
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Motor Vehicles (Double Demerit Points) Amendment -
negatived in Council. |
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Restored
Bills in Legislative Council: |
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Constitution
(Oath of Allegiance) Amendment - lapsed in Council. |
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SITTINGS
OF COUNCIL |
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The
Council met on 90 days and sat for a total number of 591 hours 44 minutes. |
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LIST
OF BILLS WHICH PASSED BOTH |
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Bill No. |
Act No. |
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Adelaide Park Lands |
103, 103A |
69 of 2005 |
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Broken Hill Proprietary Company’s Steel
Works Indenture (Environmental Authorisation) Amendment |
96 |
48 of 2005 |
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Corporations (Commonwealth Powers)
(Extension of Period of References) Amendment |
106 |
59 of 2005 |
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Correctional Services (Miscellaneous) Amendment |
11, 11A |
1 of 2005 |
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Correctional Services (Parole) Amendment |
8, 8A |
46 of 2005 |
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Development (Miscellaneous) Amendment |
68, 68A, 68B |
79 of 2005 |
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Dust Diseases |
127, 127A |
78 of 2005 |
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First Home Owner Grant (Miscellaneous) Amendment |
18 |
49 of 2004 |
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Petroleum (Submerged Lands) (Miscellaneous) Amendment |
14 |
50 of 2004 |
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100, 100A |
52 of 2005 |
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Statutes Amendment (Intervention Programs and Sentencing
Procedures) |
50, 50A |
49 of 2005 |
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Superannuation Funds Management
Corporation of |
26, 26A |
44 of 2005 |
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Bill No. |
Act No. |
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Acts Interpretation (Gender Balance)
Amendment |
46 |
7 of 2005 |
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Acts Interpretation (Miscellaneous)
Amendment |
60 |
13 of 2005 |
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41, 41A |
5 of 2005 |
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Ambulance Services (SA Ambulance
Service Inc) Amendment |
87, 87A |
33 of 2005 |
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ANZAC Day Commemoration |
70 |
12 of 2005 |
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Appropriation |
89 |
37 of 2005 |
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Botanic Gardens and State Herbarium
(Lighting of Fires) Amendment |
135 |
72 of 2005 |
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122 |
66 of 2005 |
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Carers Recognition |
112 |
55 of 2005 |
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Children’s Protection (Keeping Them
Safe) Amendments |
95, 95A |
76 of 2005 |
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Chiropractic and Osteopathy Practice |
71, 71A |
30 of 2005 |
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Citrus Industry |
91, 91A |
42 of 2005 |
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Classification (Publications, Films and
Computer Games) (Types of Classifications) Amendment |
44 |
2 of 2005 |
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Commission of Inquiry (Children in
State Care) (Miscellaneous) Amendment |
22 |
43 of 2004 |
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Controlled Substances (Repeal of Sunset
Provision) Amendment |
31 |
48 of 2004 |
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Controlled Substances (Serious Drug
Offences) Amendment |
125, 125A |
80 of 2005 |
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Criminal Assets Confiscation |
52, 52A |
19 of 2005 |
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Criminal Law Consolidation (Abolition
of the Drunk’s Defence) Amendment |
4, 4A |
40 of 2004 |
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Criminal Law Consolidation (Child
Pornography) Amendment |
38 |
52 of 2004 |
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Criminal Law Consolidation (Criminal
Neglect) Amendment |
40 |
4 of 2005 |
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Criminal Law Consolidation (Instruments
of Crime) Amendment |
107 |
63 of 2005 |
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Defamation |
102 |
50 of 2005 |
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Dog Fence (Miscellaneous) Amendment |
101 |
45 of 2005 |
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Education (Extension) Amendment |
81, 81A |
34 of 2005 |
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Electrical Products (Expiation Fees)
Amendment |
109 |
54 of 2005 |
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Environment Protection (Miscellaneous)
Amendment |
43, 43A |
21 of 2005 |
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Fire and Emergency Services |
61, 61A |
40 of 2005 |
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Gaming Machines (Miscellaneous)
Amendment |
21, 21A |
46 of 2004 |
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Guardianship and Administration
(Miscellaneous) Amendment |
114, 114A |
73 of 2005 |
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Heritage ( |
62 |
38 of 2005 |
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Heritage (Heritage Directions)
Amendment |
82, 82A |
39 of 2005 |
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Industrial Law Reform ( |
30, 30A |
3 of 2005 |
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Justices of the Peace |
105, 105A |
56 of 2005 |
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Law Reform (Contributory Negligence and
Apportionment of Liability) (Proportionate Liability) Amendment |
74, 74A |
32 of 2005 |
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Liquor Licensing (Exemption for
Tertiary Institutions) Amendment |
116 |
57 of 2005 |
|
Local Government (Financial Management
and Rating) Amendment |
104, 104A |
60 of 2005 |
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Local Government (Lochiel Park Lands)
Amendment |
117, 117A |
68 of 2005 |
|
Maritime Services (Access) (Functions
of Commission) Amendment |
111 |
47 of 2005 |
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Medical Practice |
9, 9A |
53 of 2004 |
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Mile End Underpass |
130 |
65 of 2005 |
|
Mining (Royalty) Amendment |
76 |
17 of 2005 |
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Mining (Royalty No. 2) Amendment |
123 |
61 of 2005 |
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Motor Vehicles (Fees) Amendment |
39 |
54 of 2004 |
|
Motor Vehicles (Licences and Learner’s
Permits) Amendment |
56 |
10 of 2005 |
|
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77, 77A |
18 of 2005 |
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National Electricity ( |
54 |
14 of 2005 |
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Oaths (Abolition of Proclaimed
Managers) Amendment |
58 |
8 of 2005 |
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Oaths (Judicial Officers) Amendment |
27 |
44 of 2004 |
|
Occupational Health, Safety and Welfare
(Safework SA) Amendment |
67, 67A |
41 of 2005 |
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Occupational Therapy Practice |
108 |
51 of 2005 |
|
Parliamentary Remuneration (Restoration
of Provisions) Amendment |
28 |
47 of 2004 |
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Parliamentary Superannuation (Scheme
for New Members) Amendment |
53, 53A |
43 of 2005 |
|
Partnerships (Venture Capital Funds)
Amendment |
59 |
15 of 2005 |
|
Physiotherapy Practice |
57, 57A |
26 of 2005 |
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Podiatry Practice |
45, 45A |
9 of 2005 |
|
Primary Produce (Food Safety Schemes)
(Miscellaneous) |
64 |
11 of 2005 |
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Professional Standards |
5, 5A |
45 of 2004 |
|
Public Sector Management (Chief
Executive Accountability) Amendment |
55, 55A |
25 of 2005 |
|
Railways (Operation and Access)
(Regulator) |
63 |
16 of 2005 |
|
Recreational Services (Limitation of
Liability) (Miscellaneous) |
86 |
27 of 2005 |
|
Retirement Villages (Miscellaneous)
Amendment |
132 |
67 of 2005 |
|
River |
124 |
58 of 2005 |
|
Road Traffic (Drug Driving) Amendment |
121, 121A |
77 of 2005 |
|
Road Traffic (Excessive Speed)
Amendment |
75 |
23 of 2005 |
|
Stamp Duties (Miscellaneous) Amendment |
6 |
41 of 2004 |
|
Statutes Amendment (Budget 2005) |
88 |
28 of 2005 |
|
Statutes Amendment (Criminal Procedure) |
137, 137A |
74 of 2005 |
|
Statutes Amendment (Drink Driving) |
42, 42A |
6 of 2005 |
|
Statutes Amendment (Environment and
Conservation Portfolio) |
69, 69A |
20 of 2005 |
|
Statutes Amendment (Legal Assistance
Costs) |
32 |
55 of 2004 |
|
Statutes Amendment (Liquor, Gambling
and Security Industries) |
49, 49A |
22 of 2005 |
|
Statutes Amendment (Local Government
Elections) |
79, 79A |
35 of 2005 |
|
Statutes Amendment (Miscellaneous
Superannuation Measures No. 2) |
29 |
51 of 2004 |
|
Statutes Amendment (Misuse of Motor
Vehicles) |
20, 20A |
56 of 2004 |
|
Statutes Amendment and Repeal
(Aggravated Offences) |
3, 3A |
62 0f 2005 |
|
Statutes Amendment (Sentencing of Sex
Offenders) |
78 |
31 of 2005 |
|
Statutes Amendment (Transport
Portfolio) |
110 |
53 of 2005 |
|
Statutes Amendment (Universities) |
80 |
29 of 2005 |
|
Statutes Amendment (Vehicle and Vessel
Offences) |
133 |
81 of 2005 |
|
Supply |
73 |
24 of 2005 |
|
Teachers Registration and Standards |
33, 33A |
57 of 2004 |
|
Terrorism (Police Powers) |
129, 129A |
70 of 2005 |
|
Terrorism (Preventative Detention) |
136 |
71 of 2005 |
|
Tobacco Products Regulation (Further Restrictions)
Amendment |
7, 7A |
42 of 2004 |
|
Transplantation and Anatomy
(Post-Mortem Examinations) Amendment |
131, 131A |
75 of 2005 |
|
Trustee Companies (Elders Trustees
Limited) Amendment |
92 |
36 of 2005 |
|
|
118 |
64 of 2005 |
|
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LIST
OF LEGISLATIVE COUNCIL BILLS |
|
|
No.
of |
No.
of |
No.
of |
No.
of |
No.
of |
No.
of |
Conference/
|
|
Adelaide Park Lands |
8 |
- |
- |
- |
- |
- |
- |
|
Children’s Protection (Mandatory Reporting)
Amendment |
2 |
4 |
4 |
- |
- |
- |
Lapsed in |
|
Correctional Services (Miscellaneous)
Amendment |
6 |
- |
- |
- |
- |
- |
- |
|
Correctional Services (Parole) Amendment |
7 |
3 |
- |
3 |
- |
- |
Conference
- |
|
Development (Sustainable Development)
Amendment (No. 1) |
21 |
9 |
1 |
8 |
8 |
- |
- |
|
Dust Diseases |
3 |
15 |
15 |
- |
- |
- |
- |
|
|
5 |
5 |
5 |
- |
- |
- |
- |
|
|
3 |
3 |
- |
3 |
- |
- |
Lapsed in |
|
Statutes Amendment (Intervention Programs and
Sentencing Procedures) |
1 |
- |
- |
- |
- |
- |
- |
|
Statutes Amendment (Relationships) |
276 |
- |
- |
- |
- |
- |
Lapsed in |
|
Superannuation Funds Management Corporation of
|
4 |
- |
- |
- |
- |
- |
- |
|
Workers Rehabilitation and Compensation (Third
Party Liability) Amendment Bill |
1 |
- |
- |
- |
- |
- |
Third |
|
|
|
LIST
OF HOUSE OF ASSEMBLY BILLS |
|
|
No.
of |
No.
of |
No.
of |
No.
of |
No.
of |
Conference/
|
|
|
2 |
2 |
- |
- |
- |
- |
|
Ambulance
Services (SA Ambulance Service Inc.) Amendment |
4 |
4 |
- |
- |
- |
- |
|
Children’s
Protection (Keeping Them Safe) Amendment |
34 |
31 |
3 |
- |
3 |
Conference
- |
|
Chiropractic
and Osteopathy Practice |
1 |
1 |
- |
- |
- |
- |
|
Citrus
Industry |
6 |
6 |
- |
- |
- |
- |
|
Controlled
Substances (Serious Drug Offences) Amendment |
18 |
18 |
- |
- |
- |
- |
|
Criminal
Assets Confiscation |
4 |
4 |
- |
- |
- |
- |
|
Criminal
Law Consolidation (Abolition of the Drunk’s Defence) Amendment |
1 |
1 |
- |
- |
- |
- |
|
Education
(Extension) Amendment |
1 |
- |
1 |
1 |
- |
- |
|
Environment
Protection (Miscellaneous) Amendment |
12 |
12 |
- |
- |
- |
- |
|
Fire
and Emergency Services |
26 |
16 |
10 |
10 |
- |
- |
|
Gaming
Machines (Miscellaneous) Amendment |
11 |
10 |
2 suggested |
- |
- |
- |
|
Guardianship
and Administration (Miscellaneous) Amendment |
1 |
1 |
- |
- |
- |
- |
|
Heritage
(Heritage Directions) Amendment |
3 |
3 |
- |
- |
- |
- |
|
Industrial
Law Reform ( |
45 |
45 |
- |
- |
- |
- |
|
Justices
of the Peace |
4 |
3 |
|
|
|
|
|
Law
Reform (Contributory Negligence and Apportionment of Liability)
(Proportionate Liability) Amendment |
1 |
1 |
- |
- |
- |
- |
|
Local
Government (Financial Management and Rating) Amendment |
11 |
11 |
- |
- |
- |
- |
|
Local
Government (Lochiel Park Lands) Amendment |
11 |
11 |
- |
- |
- |
- |
|
Medical
Practice |
55 |
54 |
1 |
1 |
- |
- |
|
|
1 |
1 |
- |
- |
- |
- |
|
Occupational
Health, Safety and Welfare (Safework SA) Amendment |
120 |
120 |
- |
- |
- |
- |
|
Parliamentary
Committees (Public Works) Amendment |
6 |
4 |
2 |
- |
2 |
Lapsed in |
|
Parliamentary
Superannuation (Scheme for New Members) Amendment |
10 |
10 |
- |
- |
- |
- |
|
Physiotherapy
Practice |
6 |
6 |
- |
- |
- |
- |
|
Podiatry
Practice Bill |
7 |
7 |
- |
- |
- |
- |
|
Public
Sector management (Chief Executive Accountability) Amendment |
1 |
1 |
- |
- |
- |
- |
|
Road
Traffic (Drug Driving) Amendment |
12 |
12 |
- |
- |
- |
- |
|
Special
Commission of Inquiry (Powers and Immunities) |
6 |
- |
6 |
- |
6 |
Lapsed in |
|
Statutes
Amendment (Criminal Procedure) |
9 |
9 |
- |
- |
- |
- |
|
Statutes
Amendment (Drink Driving) |
3 |
3 |
- |
- |
- |
- |
|
Statutes
Amendment (Environment and Conservation Portfolio) |
1 |
1 |
- |
- |
- |
- |
|
Statutes
Amendment (Liquor, Gambling and Security Industries) |
16 |
16 |
- |
- |
- |
- |
|
Statutes
Amendment (Local Government Elections) |
8 |
8 |
- |
- |
- |
- |
|
Statutes
Amendment (Misuse of Motor Vehicles) |
2 |
2 |
- |
- |
- |
- |
|
Statutes
Amendment and Repeal (Aggravated Offences) |
10 |
9 |
1 |
- |
1 |
Conference
- |
|
Summary
Offences (Tattooing and Piercing) Amendment |
3 |
- |
- |
- |
- |
Lapsed in |
|
Teachers
Registration and Standards |
2 |
2 |
- |
- |
- |
- |
|
Terrorism
(Police Powers) |
5 |
4 |
|
|
|
- |
|
Tobacco
Products Regulation (Further Restrictions) Amendment |
7 |
7 |
- |
- |
- |
- |
|
Transplantation
and Anatomy (Port-Mortem Examinations) Amendment |
1 |
1 |
- |
- |
- |
- |
|
|
|
SUBSTANTIVE
MOTIONS AND RESOLUTIONS |
|
Only
substantive motions are listed below and do not include procedural or formal
motions. |
|||
|
|
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|
|
Moved
by The Hon J M Gazzola, |
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|
|
|||
|
PRESIDENT OF THE LEGISLATIVE COUNCIL - RULINGS AND
STATEMENTS - |
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|
|
Rulings - |
||
|
|
|
Document be not
Tabled, |
|
|
|
|
Members’ Dress Code, |
|
|
|
Statements - |
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|
|
|
Allegation that reflect on a Committee Member,
|
|
|
|
|
Chairperson’s - re Council Powers, |
|
|
|
|
Citizen’s Right of Reply - |
|
|
|
|
|
Councillor Tolley Wasylenko, |
|
|
|
|
Deputy Presiding Member of the Parole Board of
|
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|
|
|
Naracoorte/Lucindale Council, |
|
|
|
|
Ms Anna Rau, |
|
|
|
Conduct of Committees, |
|
|
|
|
Hansard Alterations, |
|
|
|
|
Identical Bills in both Houses, |
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|
|
Opinion tabled by The Hon The Speaker, |
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|
|
Tabling of Ministerial Statement revoked, |
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|
|||
|
|
Bushfires on |
||
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|
Motion
moved by the Minister for Industry and Trade and carried in silence, |
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|
Tsunami in |
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|
Motion
moved by the Minister for Industry and Trade and carried in silence, |
|
|
|
Death of The Hon G A
Bywaters - |
||
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|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
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|
Death of former
Senator Janine Haines - |
||
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|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
|
|
Death of the Pontiff,
His Holiness Pope John Paul II - |
||
|
|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
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|
Death of The Hon D
McKee - |
||
|
|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
|
|
Death of The Hon T
Chapman - |
||
|
|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
|
|
Death of former
Senator Dame Nancy Buttfield - |
||
|
|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
|
|
Death of The Hon J C
Irwin - |
||
|
|
|
Motion
of regret moved by the Minister for Industry and Trade and carried in
silence, |
|
|
|
|||
|
|
Botanic Gardens and
State Herbarium Act - Section 14 - Leasing of “Tram Barn A” to |
||
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|
|
Moved
by the Minister for Aboriginal Affairs and Reconciliation and agreed to, |
|
|
|
Citizen’s Right of
Reply - |
||
|
|
|
Moved
by the Minister for Industry and Trade and agreed to, |
|
|
|
Electoral Commissioner
- Ms K Mousley - Appointment of - |
||
|
|
|
Moved
by the Minister for Industry and Trade and agreed to, |
|
|
|
Messages and Bills
from the House of Assembly be delivered by alternative means - |
||
|
|
|
Moved by the Minister for Industry and Trade
and agreed to, |
|
|
|
Monday Sittings - |
||
|
|
|
Moved by the Minister for Industry and Trade, |
|
|
|
National Parks and
Wildlife Act - Proclamation - Innamincka Regional Reserve and |
||
|
|
|
Moved
by the Minister for Aboriginal Affairs and Reconciliation, |
|
|
|
|||
|
|
Allegedly Unlawful
Practices raised in the Auditor-General’s Annual Report, 2003-2004 - |
||
|
|
|
Moved by the The Hon
R I Lucas, |
|
|
|
|
Extension of time for bringing up Report -
moved by the Minister Industry and Trade and agreed to, 14 September
2004, 8 December 2004, 9 February 2005, 6 July 2005,
30 November 2005. |
|
|
|
|
Power to sit during the recess - moved by The
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of Committee
to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
Assessment and
Treatment Services for People with Mental Health Disorders - |
||
|
|
|
Moved by The Hon JMA Lensink,
|
|
|
|
|
Extension of time for bringing up Report -
moved by the Minister for Mental Health and Substance Abuse, 6 July
2005, 30 November 2005. |
|
|
|
|
Power to sit during the recess - moved by The
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of
Committee to be authorised to be published and distributed - moved by
the Hon R I Lucas and agreed to, |
|
|
|
Atkinson/Ashbourne/Clarke
Affair - |
||
|
|
|
Moved by The Hon R D Lawson, amendment moved
by The Hon S M Kanck, amendment agreed to, motion,
as amended, agreed to, |
|
|
|
|
Special Report brought up, |
|
|
|
|
Special Report noted - moved by The Hon S M Kanck, |
|
|
|
|
Extension of time for bringing up Report - moved
by the Minister for Industry, Trade and Regional Development and agreed to, |
|
|
|
|
Power to sit during the recess - moved by the
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of Committee
to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
Collection of Property
Taxes by State and Local Government, including Sewerage Charges by
SA Water - |
||
|
|
|
Moved by The Hon R I Lucas, and agreed to, |
|
|
|
|
Extension of time for bringing up Report -
moved by the Hon J M Gazzola and agreed
to, |
|
|
|
|
Power to sit during the recess - moved by the
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of
Committee to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
Electricity Industry
in |
||
|
|
|
Power to sit during the present Session -
moved by the Minister for Industry and Trade and agreed to, |
|
|
|
|
Extension of time for bringing up Report -
moved by the Minister Industry and Trade and agreed to, 14 September
2004, 8 December 2004, 9 February 2005, 6 July 2005,
30 November 2005. |
|
|
|
|
Interim Report brought up - |
|
|
|
|
Interim Report noted - moved by The Hon R I
Lucas, |
|
|
|
|
Power to sit during the recess - moved by The
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of
Committee to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
Local Government
(Lochiel Park Lands) Amendment Bill 2005
- |
||
|
|
|
President ruled Bill as Hybrid Bill which must
be referred to Select Committee. |
|
|
|
|
Appointed, |
|
|
|
|
Report brought up, |
|
|
|
Mount Gambier District
Health Service - |
||
|
|
|
Power to sit during the present Session -
moved by the Minister for Aboriginal Affairs and Reconciliation and agreed
to, |
|
|
|
|
Extension of time for bringing up Report - moved
by the Minister for Aboriginal Affairs and Reconciliation and agreed to,
14 September 2004, 8 December 2004, 9 February 2005,
6 July 2005, 30 November 2005. |
|
|
|
|
Power to sit during the recess - moved by the
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of
Committee to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
|
||
|
|
|
President ruled Bill as Hybrid Bill which must
be referred to Select Committee. |
|
|
|
|
Appointed, |
|
|
|
|
Report brought up, |
|
|
|
Offices of the
Director of Public Prosecutions and the Coroner - |
||
|
|
|
Power to sit during the present Session -
moved by The Hon I Gilfillan and agreed to, |
|
|
|
|
Extension of time for bringing up Report -
moved by The Hon I Gilfillan and agreed to,
14 September 2004, 8 December 2004, 9 February 2005, 6 July
2005, 30 November 2005. |
|
|
|
Refining, Storage and
Supply of Fuel in |
||
|
|
|
Moved by The Hon N Xenophon,
|
|
|
|
|
Extension of time for bringing up Report -
moved by the Minister for Aboriginal Affairs and Reconciliation and agreed
to, |
|
|
|
|
Power to sit during the recess - moved by the
Hon R I Lucas and agreed to, |
|
|
|
|
On presentation to President, Report of
Committee to be authorised to be published and distributed - moved by the Hon
R I Lucas and agreed to, |
|
|
|
Role and Adequacy of
Government Funded National Broadcasting - |
||
|
|
|
Power to sit during the present Session -
moved by the Hon N Xenophon and agreed to, |
|
|
|
|
Extension of time for bringing up Report -
moved by the Hon N Xenophon and agreed to,
14 September 2004, 8 December 2004, 9 February 2005,
6 July 2005. |
|
|
|
|
Report brought up, |
|
|
|
|
Report noted - moved by The Hon N Xenophon and agreed to, |
|
|
|
Staffing, Resourcing and Efficiency of the |
||
|
|
|
Power to sit during the present Session -
moved by The Hon R K Sneath and agreed
to, |
|
|
|
|
Extension of time for bringing up Report -
moved by The Hon R K Sneath and agreed
to, 14 September 2004, 8 December 2004, 9 February 2005,
6 July 2005, 30 November 2005. |
|
|
|
|
Interim report brought up, |
|
|
|
|
Interim Report noted - moved by The Hon R K Sneath and agreed to, |
|
|
|
Status of Fathers in |
||
|
|
|
Power to sit during the present Session -
moved by The Hon J M Gazzola and agreed to, |
|
|
|
|
Extension of time for bringing up Report -
moved by The Hon J M Gazzola and agreed to,
14 September 2004,
8 December 2004, 9 February 2005. |
|
|
|
|
Report brought up, |
|
|
|
|
Report noted - moved by the Minister for
Emergency Services, |
|
|
|
|||
|
|
Code of Conduct for
Members of Parliament - |
||
|
|
|
Power to sit during present Session - moved by
The Hon J M Gazzola, and agreed to, |
|
|
|
|
Report brought up, |
|
|
|
|
Report noted - moved by The Hon J M Gazzola, |
|
|
|
Statutory Officers - |
||
|
|
|
Report on the Appointment of Electoral
Commissioner brought up, |
|
|
|
|
Recommendation of appointment to Office of the
South Australian Electoral Commissioner, Ms K Mousley
- moved by the Minister for Industry and Trade and agreed to, |
|
|
|
|
Report, 2004-2005 brought up, |
|
|
|
|||
|
MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS
- |
|||
|
|
Moved by Member on own
behalf - |
||
|
|
|
Fisheries
Act - King George Whiting - Prescribed Quantities - |
|
|
|
Moved by Member on
behalf of Legislative Review Committee - |
||
|
|
|
Corporation
of |
|
|
|
|
District
Court Act - Regulations - Fees -- |
|
|
|
|
Plumbers,
Gasfitters and Electricians Act - Apprentices - |
|
|
|
|
Superannuation
Act - Commutation - |
|
|
|
|
Victims
of Crime Act - Allowable Victim Compensation - |
|
|
|
|
Victims
of Crime Act - Statutory Compensation - |
|
|
|
|||
|
|
Aboriginal Lands
Parliamentary Standing Committee Report 2003-2004 - Noting of - |
||
|
|
|
Moved by the Minister for Aboriginal Affairs
and Reconciliation, |
|
|
|
Aboriginal Lands Parliamentary
Standing Committee Report 2004-2005 - Noting of - |
||
|
|
|
Moved by the Minister for Aboriginal Affairs
and Reconciliation and agreed to, |
|
|
|
|
||
|
|
|
Moved by The Hon S M Kanck,
|
|
|
|
Appointments to
Executive Committee of State Labor Cabinet - |
||
|
|
|
Moved by The Hon J F Stefani,
|
|
|
|
Atkinson /Ashbourne/Clarke
Inquiry, Matters concerning Conducting of - |
||
|
|
|
Moved by The Hon S M Kanck
and agreed to, |
|
|
|
Auditor-Generals
Report 2003-2004 - noting of - |
||
|
|
|
Moved by The Hon R I Lucas, |
|
|
|
Comments made by
Attorney-General - |
||
|
|
|
Moved by The Hon S M Kanck,
amendment moved by The Hon R D Lawson, |
|
|
|
Death Sentence for Mr
Van Tuong Nguyen - |
||
|
|
|
Moved by The Hon S M Kanck
and agreed to, |
|
|
|
Department of
Correctional Services - Disturbing Matters since December 2002 - |
||
|
|
|
Moved by The Hon A J Redford, |
|
|
|
Development Plan
Amendment - Central Waste Precinct Strategic Urban Renewal - |
||
|
|
|
Motion for disallowance of moved by The Hon G
E Gago, |
|
|
|
Environment, Resources
and Development Committee - Report on |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Environment, Resources
and Development Committee - Report on Marine Protected Areas - Noting
of - |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Environment, Resources
and Development Committee - Report on Plastic Bags - Noting of - |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Environment, Resources
and Development Committee - Report on Upper South-East Dryland
Salinity and Flood Management Act 2002, for July 2003-July 2004 - Noting
of - |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Environment, Resources
and Development Committee - Report on Waste Management - Noting of - |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Ex Gratia Payment
to Kevin Warren of Eyreial Ag Services - |
||
|
|
|
Moved by The Hon I Gilfillan,
|
|
|
|
Gender Equality and
Poverty - |
||
|
|
|
Moved by The Hon S M Kanck,
|
|
|
|
Government to Report on
Implementation of Recommendation 1 of the Social Development Committee’s
Poverty Inquiry - |
||
|
|
|
Moved by The Hon K J Reynolds, |
|
|
|
Hon Rory McEwen and
the Needs of all Rural and Regional South Australians - |
||
|
|
|
Moved by The Hon D W Ridgway,
|
|
|
|
Independent Inquiry
into Response by Emergency Services to |
||
|
|
|
Moved by The Hon I Gilfillan,
|
|
|
|
International Day of
Disabled Persons - |
||
|
|
|
Moved by The Hon K J Reynolds, |
|
|
|
International Pokies
Impact Conference - |
||
|
|
|
Moved by The Hon R I Lucas, by leave and at
the request of The Hon N Xenophon, and agreed
to, |
|
|
|
Leave for Select
Committees to sit after Prorogation - |
||
|
|
|
Moved by The Hon R I Lucas and agreed to, |
|
|
|
Legislative Review
Committee - Report on Fisheries (General) Variation Regulations 2005 -
Noting of - |
||
|
|
|
Moved by The Hon J M Gazzola,
|
|
|
|
Legislative Review
Committee - Report on Suppression Orders - Noting of - |
||
|
|
|
Moved by The Hon J M Gazzola,
|
|
|
|
Moratorium on |
||
|
|
|
Moved by The Hon S M Kanck,
|
|
|
|
Natural Resources
Committee to Inquire into Condition of Deep Creek - |
||
|
|
|
Moved by The Hon S M Kanck,
|
|
|
|
Natural Resources Committee
- Report on Eastern Mount Lofty Ranges Catchment Area - Noting of - |
||
|
|
|
Moved by The Hon R K Sneath,
|
|
|
|
Natural Resources
Committee - Report on |
||
|
|
|
Moved by The Hon R K Sneath
and agreed to, |
|
|
|
Natural Resources
Committee - Report on Meningie and Narrung Irrigators - Noting of - |
||
|
|
|
Moved by The Hon R K Sneath
and agreed to, |
|
|
|
Natural Resources
Committee - Report on Saline Water Disposal Basins in |
||
|
|
|
Moved by The Hon R K Sneath,
|
|
|
|
Natural Resources Committee
- Report 2004-2005 - Noting of - |
||
|
|
|
Moved by The Hon S M Kanck,
|
|
|
|
Occupational Safety,
Rehabilitation and Compensation Committee - Report on the Occupational Health,
Safety and Welfare (SafeWork SA) Amendment
Bill - Noting of - |
||
|
|
|
Moved by The Hon J M Gazzola,
and agreed to, |
|
|
|
Occupational Safety,
Rehabilitation and Compensation Committee - Report, 2003-2004 -
Noting of - |
||
|
|
|
Moved by The Hon J M Gazzola,
|
|
|
|
Operations and
Management of the South Australian Water Corporation - Statutory
Authorities Review Committee to inquire into - |
||
|
|
|
Moved by The Hon C V Schaefer, |
|
|
|
Petition to South
Australian Government concerning new Hallett Cove Shopping Centre and Other
Works - |
||
|
|
|
Moved by The Hon A J Redford, |
|
|
|
Pink Ribbon Day - |
||
|
|
|
Moved by The Hon C V Schaefer and agreed to, |
|
|
|
Reports of Select
Committees presented to President to be authorised to be published - |
||
|
|
|
Moved by The Hon R I Lucas and agreed to, |
|
|
|
Services and Support
for People with Disabilities - Social Development Committee to Inquire
into - |
||
|
|
|
Moved by The Hon K J Reynolds, |
|
|
|
Siting of Toxic Waste
Dump in |
||
|
|
|
Moved by The Hon JSL Dawkins, |
|
|
|
Social Development Committee
- Report on Multiple Chemical Sensitivity, Noting of - |
||
|
|
|
Moved by The Hon G E Gago,
|
|
|
|
Social Development
Committee - Report on NHMRC Ethical Guidelines on the Use of Assisted Reproductive
Technology in Clinical Practice and Research, 2004, Noting of - |
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|
Moved by The Hon G E Gago,
|
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Social Development
Committee - Report on Postnatal Depression - Noting of - |
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|
Moved by The Hon G E Gago,
|
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|
Social Development
Committee - Report on the Statutes Amendment (Relationships) Amendment Bill,
Noting of - |
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|
Moved by The Hon G E Gago,
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State Government
Appointments made since March 2002 - |
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|
Moved by The Hon R I Lucas, |
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Statutory Authorities Review
Committee - Interim Report on Nurses Board of |
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|
Moved by The Hon R K Sneath
and agreed to, |
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Statutory Authorities
Review Committee - Report 2003-2004, Noting of - |
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|
Moved by The Hon R K Sneath,
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PETITIONS |
|
ABORTIONS IN |
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Praying that this Honourable House will do all
in its power to ensure that abortions in |
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
|
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|
Presented
by The Hon.
S. M. Kanck, |
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|
Presented
by The Hon.
S. M. Kanck, |
|
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|
Presented
by The Hon.
S. M. Kanck, |
|
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|
Presented
by The Hon.
S. M. Kanck, |
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|
BLOOD DONOR COLLECTION IN THE
STATE’S SOUTH EAST |
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|
|
Praying that this Honourable House will do all
in its power to ensure that a blood donor collection service is urgently reinstated
for the people of the South-East. |
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|
|
Presented
by The Hon S M Kanck, |
|
|
|
Presented
by the
Hon. S. M. Kanck, |
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|
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|
FALSE CLAIMS RE NARRINDJERI PEOPLE
AND CULTURE |
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|
Praying that this Honourable House will make
an official apology to the Narrindjeri people which will then mark the beginning of a new process of
healing and reconciliation for all South Australians. |
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|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
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|
GENETICALLY MODIFIED CROPS
MANAGEMENT ACT 20 |
||
|
|
Praying that this Honourable House will amend
the Genetically Modified Crops
Management Act 2004 to remove section 6 of that Act. |
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|
Presented
by The Hon. I. Gilfillan, |
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|
Presented
by The Hon. I. Gilfillan, |
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|
Presented
by The Hon. I. Gilfillan, |
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|
Presented
by The Hon. I. Gilfillan, |
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|
Presented
by The Hon. I. Gilfillan, |
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|
Presented
by The Hon. I. Gilfillan, |
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|
|
Presented
by The Hon. I. Gilfillan, |
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|
POLICING LEVELS AND FACILITIES FOR
LOXTON |
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|
|
Praying that this Honourable House will urge
the State Government to not sell the existing Loxton Police Station situated
on the main Loxton to |
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|
Presented
by The Hon.
J.S.L.Dawkins, |
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|
||
|
POKER MACHINES IN COOBER PEDY |
||
|
|
Praying that this Honourable House will call on
the Government to introduce legislation to enable all poker machines to be
removed from Coober Pedy. |
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|
|
Presented
by The Hon.
N. Xenophon, |
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||
|
PROPOSED ALDINGA RESIDENTIAL
DEVELOPMENT |
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|
|
Praying that this Honourable House will impose a moratorium on
this site to coincide with the 12 month moratorium placed on other local
sites to enable thorough archaeological and environmental studies to be
carried out before any developments are to proceed. |
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|
|
Presented
by the
Hon. S. M. Kanck, |
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|
||
|
PROPOSED ALDINGA RESIDENTIAL
DEVELOPMENT |
||
|
|
Praying that this Honourable House will impose a 12 month moratorium
on the residential development on the site at section 796 to coincide with
the 12 month moratorium placed on all further residential developments in the
Aldinga Bay area, in order to enable thorough archaeological and
environmental studies to be carried out on section 796. |
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|
|
|
Presented
by the
Hon. S. M. Kanck, |
|
|
||
|
RECONCILIATION FERRY |
||
|
|
Praying that this Honourable House will provide
its full support to the ferry relocation proposal, prioritise the ferry
service on its merits as a transport, tourism, reconciliation, regional
development and employment project; and call for the urgent support of the
Premier requesting that he engage, as soon as possible, in discussion with
the Ngarrindjeri community to see this exciting,
creative initiative become a reality. |
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|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
||
|
STATUTES AMENDMENT (RELATIONSHIPS)
BILL 2004 |
||
|
|
Praying that this Honourable House will not
delay debate on the Statutes Amendment (Relationships)
Bill 2004 by referring it to a Parliamentary Committee for another public
inquiry, or should it do so, ensure that this inquiry is completed by March
2005 to enable sufficient time for debate on this important Bill when
Parliament resumes. |
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|
|
|
Presented
by The Hon.
K. J. Reynolds, |
|
|
||
|
TRANSPORT AND STORAGE OF
RADIOACTIVE WASTE IN |
||
|
|
Praying that this Honourable House will do all
in its power to ensure that |
|
|
|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
||
|
WOMEN PRESENTERS ON THE ABC |
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|
|
Praying that this Honourable House will do all
in its power to urge the ABC Adelaide management to redress the current
imbalance and to encourage women into these roles. |
|
|
|
|
Presented
by The Hon.
S. M. Kanck, |
|
|
|
SYNOPSIS
OF LEGISLATION |
|
|
||||||
|
|
The purpose of the Adelaide Park Lands Bill 2005
is to protect and enhance the Adelaide Park Lands as a major identifying
cultural icon and community asset of this city. The protection of the Park Lands is also
part of a broader Government program to preserve and enhance open space in
the metropolitan area generally. |
|||||
|
|
The Adelaide Park Lands Authority is created as a
subsidiary of Adelaide City Council, with nominations shared between the
Council and the Government. The
Authority has the responsibility for developing a Management Strategy. The Authority has primarily a policy and
oversight role; it is not charged with managing any part of the Park
Lands. The Council and State
authorities will retain their responsibilities for day-to-day management of
areas under their care and control. |
|||||
|
|
A principle contained in the Bill is for the Park
Lands, as a whole, to be held for the use and enjoyment of the public while
recognising restrictions to public access exist in certain situations. However, the Management Strategy is required
to explore options for increasing public access for recreational usage. |
|||||
|
|
The Bill reinforces the current Government’s policy of
transferring alienated land back to park land usage in two ways. Firstly, the Management Strategy must report
on the suitability of transferring alienated land to Council’s care and
control and converting it to park land. Secondly,
the Bill sets out a requirement for future Governments to report on and
consult with the Council when alienated land is no longer required for its
existing use by the occupying authority.
Any subsequent transfer can then be implemented through an amendment
to the Adelaide Park Lands Plan. |
|||||
|
|
The Bill also provides key consequential amendments to a
range of other Acts, in particular the Development Act 1993 and the South
Australian Motor Sport Act 1984.
The changes to the former legislation will prevent future Governments
using either the major project, crown development or electricity infrastructure
development powers to provide Ministerial development approval within the
Park Lands. The amendments to the South
Australian Motor Sport Act 1984 include a requirement for the setting of
prescribed works periods within which the Motor Sport Board may occupy the
Park Lands in connection with setting up for a motor sport event and its
subsequent dismantling. This and other
amendments are designed to clarify and limit the capacity of the Board to
occupy the Park Lands. |
|||||
|
|
|
(September
15, 20, November 9, 10, 22, 23 - Act No. 69 of 2005) |
||||
|
|
||||||
|
ASBESTOS
(PROTECTIVE MEASURES) BILL |
||||||
|
|
The purpose of this Bill is to prevent asbestos
exposure. It provides practical measures
to ensure that South Australians are aware of the risks involved with
asbestos exposure. |
|||||
|
|
The Bill will ensure that a hotline is established to
provide members of the public and, in particular, home renovators with information
and advice relating to the presence of asbestos in any premises. The hotline must be provided free of
charge, it must operate during normal business hours and it must be staffed
by people with appropriate knowledge and experience in dealing with asbestos
in premises. The Bill provides for a
number that is advertised widely throughout the State to let people know that
this service exists so that they do not expose themselves or members of their
family to asbestos. The Bill also
provides for home inspection services so that, if need be, inspectors can
visit a residence to advise as to whether or not material contains asbestos. |
|||||
|
|
|
(October
13 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
BAIL
(LIMITATIONS ON BAIL AUTHORITY'S DISCRETION) AMENDMENT BILL |
||||||
|
|
This Bill will preserve the existing
presumption in favour of bail for most offences. However it will place hurdles in the path of
a person who seeks to obtain bail when charged with certain offences. |
|||||
|
|
The Bill provides that bail is not to be granted unless
the applicant establishes that there are exceptional reasons why bail should not
be refused in cases of murder, serious drug trafficking offences against the
South Australian Controlled Substances Act - in particular, section 32 of
that Act, which makes it an offence to engage in the illicit manufacture,
sale or possession of drugs of dependence or prohibited substances of
significant quantities where a term of imprisonment may be imposed—and drug
trafficking offences under the Commonwealth Customs Act. |
|||||
|
|
|
(December
8 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
BROKEN
HILL PROPRIETARY COMPANY'S STEEL WORKS INDENTURE (ENVIRONMENTAL
AUTHORISATION) AMENDMENT BILL |
||||||
|
|
The purpose of the Bill is to amend the Broken Hill Proprietary Company’s Steel
Works Indenture Act 1958 to ensure that an effective EPA environmental authorisation
is granted for the Whyalla operations of OneSteel
Limited for a period of 10 years. The
Bill stipulates the terms of an authorisation to be issued under the Environment Protection Act 1993 in
relation to OneSteel’s operations at its Whyalla Steelworks
and associated transport infrastructure. |
|||||
|
|
The Bill aims to provide an acceptable level of
environmental regulatory certainty for OneSteel to
make a $325 million capital investment in Project Magnet while ensuring that
high levels of regulatory scrutiny are maintained by the EPA over the
operations and that impacts on the community and the
environment are properly managed. It
also puts the responsibility of identifying environmental risks and
remediation on OneSteel with absolute oversight by
the Government. This investment in
Project Magnet will extend the life of the steel-making operations near
Whyalla from the current planning horizon of 2020 to beyond 2027. |
|||||
|
|
|
(September
13, 20, 21, 22, October 18 - Act No. 48 of 2005) |
||||
|
|
||||||
|
CASINO
(UNDERAGE GAMBLING) AMENDMENT BILL |
||||||
|
|
This Bill is aimed at the
problem of underage gambling. The Bill
will provide that surveillance tapes or other electromagnetic records made in
accordance with the approved systems, which systems are approved by the
Commissioner, be retained for at least one month. This extends the time for which such
records are kept. The casino is a
place where there is extensive surveillance at all times, as is required
under its management systems approval.
The Bill will also ensure that the signs approved by the Commissioner
state that areas are under surveillance. |
|||||
|
|
The current provisions of the
Casino Act provide that any amount won by a child by gambling at the casino
is forfeited to the Crown. This Bill
amends the provisions so that, if satisfied a child has lost money by gambling
at the casino, the Commissioner may by written notice to the licensee direct
that the amount assessed by the Commissioner as having been lost by the child
be forfeited to the Crown. |
|||||
|
|
|
(December
8, May 25 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
CHILDREN’S PROTECTION (MANDATORY
REPORTING) AMENDMENT BILL |
||||||
|
|
The purpose of this Bill is to amend the
Children’s Protection Act in relation to the mandatory notification of abuse
or neglect. The Bill includes a
minister of religion and a person who is an employee of, or a volunteer in, a
church or other religious organisation, as being required to
notify the Department for Family and Community Services if they suspect that a child has been or
is being abused or neglected. |
|||||
|
|
|
(September
22, April 4, 6 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
CORPORATIONS
(COMMONWEALTH POWERS) (EXTENSION OF PERIOD OF REFERENCES) AMENDMENT BILL |
||||||
|
|
The Corporations (Commonwealth Powers)
Act refers from the Parliament of South Australia to the Parliament of the
Commonwealth the power to enact the text of the corporations and ASIC Acts as
Commonwealth legislation extending to each State and to make to the
legislation amendments about forming corporations, corporate regulation or
the regulation of financial products or services. All State Parliaments have enacted
legislation referring these matters to the Commonwealth Parliament. |
|||||
|
|
Section 5(1) of the Corporations
(Commonwealth Powers) Act provides that, unless terminated earlier, the
references of power terminate on the fifth anniversary of the day of the
commencement of the corporations legislation.
As the corporations legislation commenced on |
|||||
|
|
This Bill amends
section 5(1) to extend the references of power from the fifth to the
tenth anniversary of the commencement of the corporations
legislation. All other States have
agreed to extend their references to the same date. This will extend the operation of the
Corporations Scheme and |
|||||
|
|
|
(September
19, October 18, 19 - Act No. 59 of 2005) |
||||
|
|
||||||
|
CORRECTIONAL
SERVICES (MISCELLANEOUS) AMENDMENT BILL |
||||||
|
|
The purpose of this Bill is to
amend the Correctional Services Act to allow the correctional system to
operate more effectively and provide the legal framework necessary to prevent
the potential abuse of the system by prisoners, while other amendments are of
a minor “housekeeping” nature that will assist in the effective operation of
the private prison. |
|||||
|
|
The Bill expands the authority of the Chief Executive
of the Department in regard to a prisoner’s leave of absence from
prison. The principal Act provides for
leave conditions to be varied by the Chief Executive, but does not allow them
to be revoked. The Bill gives the
Chief Executive the power to revoke or impose further conditions on a
prisoner who has leave of absence from a prison. |
|||||
|
|
The Bill inserts a new section
27A in the principal Act concerning the issues of authority and
responsibility for prisoners on leave in |
|||||
|
|
The Bill amends section 29 of
the principal Act which deals with work undertaken by prisoners. The Bill provides for additional control of
prisoners who might engage in work that is not organised by the
Department. The amendments are aimed
at preventing a prisoner from carrying on a private business from prison but
are not intended to prevent a prisoner from undertaking tasks that are just of
a personal nature. |
|||||
|
|
The Bill also amends section 33
relating to prisoner mail to provide for tighter control of the mail that
prisoners are allowed to send and receive while in prison. An additional item is to be included in the
list of mail that is deemed to contravene the principal Act; that is, mail
that contains material relating to or that constitutes, work by the prisoner
that the prisoner is not authorised to perform. This will also maintain consistency with
the amendment to section 29. |
|||||
|
|
The principal Act does not currently allow for the
random search of prisoners. The Bill
amends section 37 of the principal Act by inserting a subsection that
provides for the random search of prisoners’ belongings for the purpose of detecting
prohibited items. This will bring the
principal Act into line with current practice for the control of prohibited
substances in the prison environment. |
|||||
|
|
Section 37AA of the principal
Act provides for the drug testing of prisoners by way of urinalysis. The definition of drug has been expanded to include alcohol. The Bill will enable the presence of drugs
or alcohol in a prisoner to be tested by means of an alcotest or a prescribed procedure. Such a procedure would be prescribed by regulation
and would consist of the taking of a sample of urine, saliva or sweat for
testing. |
|||||
|
|
The Bill amends section 37A of
the principal Act to restrict home detention to the last year of a fixed
non-parole period. The amendments will
also ensure that prisoners who receive a sentence of 12 months or less will
not become eligible for home detention until they have served at least half
of their sentence in prison. |
|||||
|
|
Other amendments contained in
the Bill make minor changes to the principal Act that will enable all
authorised officers, both public and private, to be able to effectively carry
out day to day prisoner management. |
|||||
|
|
|
(September
16, November 8, 9, 10, 25, December 7, February 15 - Act No. 1 of 2005) |
||||
|
|
||||||
|
CORRECTIONAL SERVICES
(PAROLE) AMENDMENT BILL |
||||||
|
|
This
Bill amends the Correctional Services Act 1982 to implement the
recommendations of a review conducted by the Government into aspects of the
parole system. The Bill
strengthens the conditions for release on parole to - |
|||||
|
|
• |
ensure that the paramount
consideration of the Board in every case must be the safety of the community; |
||||
|
|
The
review also recommended an expansion of the Parole Board’s powers to empower
it to refuse parole for child sex offenders serving sentences of less than
five years. The Government has
accepted this recommendation, and has gone further by removing automatic
parole for all sex offenders. |
|||||
|
|
With
regard to the membership and qualifications of the Parole Board, the review
recommended the following which are included in the Bill - |
|||||
|
|
• |
the term of appointment for
the presiding member be changed from five to three years; |
||||
|
|
|
(September
15, October 12, 13, April 4, May 3, June 27, 30, July 6, 7, September 20 -
Act No. 46 of 2005) |
||||
|
|
||||||
|
CRIMINAL
LAW CONSOLIDATION (BRIBERY AND CORRUPTION) AMENDMENT BILL |
||||||
|
|
The Criminal Law Consolidation Act 1935, in dealing with offences of a
public nature, does not recognise that an attempt of corruption is in itself,
if proven, an offence, whether it is in part successful or not successful at
all. |
|||||
|
|
This Bill amends
section 249, bribery or corruption of public officers, and it provides
to insert— |
|||||
|
|
(4) |
a person who— |
||||
|
|
|
(a) |
negotiates, or offers to negotiate, a corrupt agreement
between a public officer and a third person; or |
|||
|
|
|
(b) |
represents to a public officer that he or she is, or may
be, in a position to negotiate a corrupt agreement between the public officer
and a third person; or |
|||
|
|
|
(c) |
represents to a third person that he or she is, or may
be, in a position to negotiate a corrupt agreement between the third person and
a public officer, |
|||
|
|
|
is guilty of an offence. |
||||
|
|
(5) |
A corrupt agreement is an
agreement or understanding under which a public officer, in consideration of an
improper inducement, exercises power or influence the public officer has (or
is supposed to have) in his or her official capacity in a particular way |
||||
|
|
|
(September
14 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
CROWN
LANDS (PRESCRIBED SHACK SITES) AMENDMENT BILL |
||||||
|
|
This Bill amends the Crown Lands Act 1929 with particular
reference to shack sites for recreational purposes, namely the |
|||||
|
|
|
(November
9, December 21 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
DEVELOPMENT
(MISCELLANEOUS) AMENDMENT BILL |
||||||
|
|
This Bill amends the Development Act 1993 to provide that a
single Code of Conduct be prepared by the Minister for all development
assessment panels in the State and professional staff acting under
delegation. This will provide the
community and applicants with certainty of development assessment procedures
and will support impartial and transparent decision making. |
|||||
|
|
The Bill also makes amendments
in relation to the key findings of the Coronial Inquest into the Deaths at
the Riverside Golf Club. These relate
to provisions for - |
|||||
|
|
• |
improving
the accountability of component designers and manufactures for the
performance of their products incorporated into building work; |
||||
|
|
The Bill establishes a scheme
relating to Land Management Agreements between the Minister, any other
designated Minister, or a Council (as one party), and a proponent (as the
other party). The scheme will improve
development applications and assessment procedures. |
|||||
|
|
The Bill also amends the Natural
Resources Management Act 2004 to clarify that Councils or the Minister
for Urban Development and Planning are responsible for initiating amendments to
Development Plans relating to Natural Resources Management issues. |
|||||
|
|
|
(April
7, May 4, 30, June 27, September 13, 19, 20, 22, November 29, December 1 -
Act No. 79 of 2005) |
||||
|
|
||||||
|
DEVELOPMENT
(PROTECTION OF SOLAR COLLECTORS) AMENDMENT BILL |
||||||
|
|
This Bill amends the
Development Act to guarantee access to sunlight for people using solar energy
for the purpose of solar thermal or photovoltaic systems. A new building must not, when constructed,
adversely affect the operation of an existing solar collector located on an
adjacent building. The Bill will also
not permit a tree to adversely affect the operation of an existing solar
collector located on an adjacent building. |
|||||
|
|
|
(September
15 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
DEVELOPMENT
(SUSTAINABLE DEVELOPMENT) AMENDMENT BILL |
||||||
|
|
The purpose of this Bill is to improve
the State’s planning and development system in order to provide greater
policy and procedural certainty for the community and applicants, as well as
to promote sustainable development across the State. The Bill amends the current act to improve policy
formulation and development of assessment procedures. The improvements to the planning and
development system will involve state and local government, giving greater
priority to the setting of clear policies in order to provide certainty for
the community, investors, applicants and agencies. |
|||||
|
|
|
(April
7, May 4, 30, June 27, September 13, 19 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
DUST
DISEASES BILL |
||||||
|
|
The purpose of this Bill is to ensure that residents
of this State who claim rights of action for, or in relation to, dust
diseases have access to procedures that are expeditious and unencumbered by
unnecessary formalities of an evidentiary or procedural kind. The Bill is limited to diseases and
pathological conditions resulting from exposure to asbestos dust. |
|||||
|
|
The District Court will give
the necessary directions to ensure that dust disease actions have priority
over less urgent cases and are dealt with as expeditiously as the proper administration
of justice allows. A dust disease
action commenced in the |
|||||
|
|
The Bill amends section
36 of the Limitation of Actions Act
1936 to set a time limit for commencing proceedings of three years from
when a cause of action in tort for personal injuries arose. The new subsection would qualify
section 36 for latent diseases.
It would allow a period of three years from when the injury first
comes to the person’s knowledge. It
would still be possible for a plaintiff to seek an extension of time in
proper cases. |
|||||
|
|
A further amendment to the Survival of Causes of Action Act 1940 would
encourage the Court to award exemplary damages in some circumstances. It would allow any exemplary damages
awarded to be paid to the estate of a deceased plaintiff. |
|||||
|
|
|
(November
9, 23, 29, December 1 - Act No. 78 of 2005) |
||||
|
|
||||||
|
EQUAL OPPORTUNITY BILL |
||||||
|
|
The purpose of this Bill is to
prohibit discrimination and other specified conduct and to provide for the
investigation and conciliation of, and inquiry into, complaints in relation
to such discrimination and conduct. |
|||||
|
|
|
(November
9, 28, 29 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
EVIDENCE
(RETRIAL OF SEXUAL OFFENCES) AMENDMENT BILL |
||||||
|
|
This
Bill inserts a new section in to the Evidence Act to provide “Admissibility of
original evidence of alleged victim in retrial of sexual offence”. This follows from a decision in |
|||||
|
|
This
Bill will ensure that, if the situation which has arisen in New South Wales
and which is quite likely to arise here in future does arise, an offender will
not escape conviction entirely by reason of the fact that the prosecuting
authorities are unable to present evidence to the court. |
|||||
|
|
This
Bill will facilitate the presentation of evidence on a retrial to ensure that
there is at least a fair chance that justice will be done and that an accused
person will not escape trial entirely by reason of the fact that the victim
chooses not to give evidence for whatever reason she deems appropriate. |
|||||
|
|
|
(June 29,
December 1 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
FIRST
HOME OWNER GRANT (MISCELLANEOUS) AMENDMENT BILL |
||||||
|
|
This Bill contains three amendments to the First
Home Owner Grant Act 2000 (FHOG Act). First,
the Bill inserts a six month principal place of residence criterion in the
Act. The Bill provides that an
applicant must occupy the home as his or her principal place of residence for
a continuous period of 6 months, commencing within 12 months after completion
of the eligible transaction. To provide flexibility in this area, the Bill
provides the Commissioner of State Taxation with a discretion to allow the
FHOG to be paid to an applicant where the six month residency period is not
met in situations where the Commissioner is satisfied that there is good
reason why the applicant is unable to occupy the home as his/her principal
place of residency for the full six month period. |
|||||
|
|
Secondly, the Bill allows the Commissioner
to impose a penalty of up to the amount of the FHOG paid to the applicant in
circumstances where the applicant has provided false or misleading
information in support of his/her FHOG application. |
|||||
|
|
Thirdly, the Bill
increases the time limit within which an FHOG applicant can be prosecuted for
an offence under the Act from two years to three years from the date the
offence occurred. Considerable delays
may be experienced when applicants either fail to respond or are slow to
respond to requests for further information.
A real possibility exists that offenders could escape prosecution for
no other reason than the time period within which a prosecution must be
commenced is exceeded before all necessary steps have been taken. |
|||||
|
|
|
(October
25, November 22, 23, December 8 - Act No. 49 of 2004) |
||||
|
|
||||||
|
FISHERIES
(PROHIBITION OF |
||||||
|
|
The purpose of this Bill is to
cease net fishing in Gulf St. Vincent.
This is achieved through the expansion of section 41 of the Fisheries Act 1982. This section makes it an offence to engage
in a fishing activity of a prescribed class.
Under the new provisions of this Bill, this wide power of the Minister
to prescribe fishing activities is retained.
The Minister will continue to be able to prohibit specific
activities. However the Bill will take
the decision which the Minister is reluctant to take out of his hands. |
|||||
|
|
The definition of Gulf St. Vincent
is spelt out clearly in the Bill. The
effectiveness of this measure will be reviewed after five years, when the
desirability of its continuing or being modified will also be reviewed. |
|||||
|
|
|
(October
13, April 13 - negatived in Council) |
||||
|
|
||||||
|
GAMING
MACHINES (PROHIBITION FROM COUNCIL AREA FOLLOWING REFERENDUM) AMENDMENT BILL |
||||||
|
|
This Bill focuses on the
removal of poker machines from regional communities - non-metropolitan
council areas. The Bill provides a mechanism
for electors within council areas outside the metropolitan area to have a
petition. The Bill provides: |
|||||
|
|
The petition— |
|||||
|
|
(a) |
must clearly state its
purposes; and |
||||
|
|
(b) |
must be signed by not less than
10 per cent of the total number of electors. |
||||
|
|
(c) |
must comply with any other
requirement prescribed by the regulations; and |
||||
|
|
(d) |
must be submitted to the Electoral
Commissioner. |
||||
|
|
It
provides, in terms of a time frame, that petitions must be signed within a
three-month period. Once the relevant
requisite number of signatures is obtained, there must be a referendum to be
determined on a date by the Electoral Commissioner, under the auspices of the
Electoral Commissioner, not less than six months and not more than
12 months after the date on which the petition is submitted. In the event that the referendum is
successful, then machines must be removed by the fifth anniversary of the
date of the referendum. |
|||||
|
|
|
(July
6 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
HUMAN
RIGHTS BILL |
||||||
|
|
This Human Rights Bill is based
on a similar Bill that was passed in the |
|||||
|
|
1. |
Human rights are necessary for
individuals to live lives of dignity and value. |
||||
|
|
2. |
Respecting, protecting and
promoting the rights of individuals improves the welfare
of the whole community. |
||||
|
|
Part 3 of the Bill provides
that the primary source of these rights is the International Covenant on
Civil and Political Rights. Some of
the major rights which would be given protection under this legislation include:
freedom of movement; freedom of thought, conscience and religious belief;
freedom of expression; the right of peaceful assembly; freedom of
association; rights to privacy; right to life; recognition and equality
before the law; protection against discrimination on the grounds of race,
colour, sex, sexual orientation, language, religion, opinion, national or
social origin, property, birth, disability or other status; and protection
from torture and cruel, inhuman or degrading treatment. |
|||||
|
|
The Bill establishes the
position of human rights commissioner, who will also be the Equal Opportunity
Commissioner. The Bill requires the
Attorney-General to prepare a written statement about any Government bill introduced
to the Parliament. To be known as the
compatibility statement it would have to state whether the bill is consistent
with human rights and, if it is not consistent, an explanation of the
inconsistencies. |
|||||
|
|
|
(September
15, February 16, November 9 - negatived in Council) |
||||
|
|
||||||
|
HUMAN RIGHTS MONITORS
BILL |
||||||
|
|
The purpose of this Bill is to
promote human rights by monitoring the standard of institutional care
provided to people with a disability or mental illness. |
|||||
|
|
The functions of a human rights monitor
are - |
|||||
|
|
(a) |
to visit and inspect any facility; and |
||||
|
|
(b) |
to inquire into - |
||||
|
|
|
(i) |
the adequacy of services for the
assessment, treatment, care, control or detention of persons with a disability
or mental illness; and |
|||
|
|
|
(ii) |
the appropriateness and standard of
facilities for the recreation, occupation, education, training and
rehabilitation of persons receiving treatment or care for a disability or
mental illness; and |
|||
|
|
|
(iii) |
the extent to which people receiving
treatment or care for a disability or mental illness are being provided the
best possible treatment or care appropriate to their needs in the least
possible restrictive environment and least possible intrusive manner
consistent with the effective giving of that treatment or care; and |
|||
|
|
|
(iv) |
matters relating to human rights; and |
|||
|
|
|
(v) |
whether there has been a breach of the
principles set out in the Disability Services Act 1993; and |
|||
|
|
|
(vi) |
any complaint made to a human rights monitor by a
person receiving treatment or care for a disability or mental illness; and |
|||
|
|
|
(vii) |
any other matter that a human rights monitor
considers appropriate having regard to the objectives of this Act, the Disability
Services Act 1993, the Mental Health Act 1993, the |
|||
|
|
|
(October
19, November 29 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
INDEPENDENT
COMMISSION AGAINST CRIME AND CORRUPTION BILL |
||||||
|
|
The purpose of this Bill is to
establish an Independent Commission against Crime and Corruption; to define its
functions and powers; and for other purposes. |
|||||
|
|
The functions of the Commission
are - |
|||||
|
|
(a) |
to investigate an allegation or
complaint, or any circumstances which, in the Commission’s opinion, imply
that— |
||||
|
|
|
(i) |
corrupt conduct: or |
|||
|
|
|
(ii) |
conduct liable to allow,
encourage or cause the occurrence of corrupt conduct; or |
|||
|
|
|
(iii) |
conduct connected with corrupt
conduct, |
|||
|
|
|
may have occurred, may be
occurring or may be about to occur; |
||||
|
|
(b) |
to investigate an allegation or
complaint, or any circumstances which, in the Commission’s opinion, imply
that— |
||||
|
|
|
(i) |
organised crime; or |
|||
|
|
|
(ii) |
conduct liable to allow, encourage
or cause the occurrence of organised crime; or |
|||
|
|
|
(iii) |
conduct connected with
organised crime, |
|||
|
|
|
may have occurred, may be
occurring or may be about to occur; |
||||
|
|
|
(April
6, May 24 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
INDUSTRIAL AND
EMPLOYEE RELATIONS (PROHIBITION AGAINST BARGAINING SERVICES FEE) AMENDMENT
BILL |
||||||
|
|
The
purpose of this Bill is to amend the Industrial and Employee Relations Act to
prevent unions from charging non-unionists bargaining fees for services
undertaken by the union but not requested by the non-unionist. If a union negotiates a particular outcome,
it cannot seek a payment from a non-unionist who might benefit from that outcome. |
|||||
|
|
|
(October
13 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
LAND
AND BUSINESS ( |
||||||
|
|
This Bill makes a building
inspection a mandatory part of every sale of a residential property. This
will ensure that information is available to each intending purchaser. |
|||||
|
|
Although the original cost of the
building inspection would rest with the vendor, intending purchasers would be
expected to pay a nominal fee ($25 in the bill) so that, in cases where
several people were interested in buying the property and prepared to pay the
$25, the vendor would recoup a substantial portion of the original outlay. |
|||||
|
|
The benefit would be that the
buyer would have confidence; the vendor would feel comfortable that there
had been an honest appraisal of the property being offered for sale; and the
agent would feel confident that the negotiation (or auction) he or she is
conducting is being done with no deception, either overt or covert. |
|||||
|
|
|
(November
10 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
LIABILITY
OF DIRECTORS (ASBESTOS RELATED ILLNESSES) BILL |
||||||
|
|
This Bill relates to
the Liability of Directors of James Hardie
Industries Limited. The Bill provides
that a person who could recover judgment against the Medical Research and
Compensation Foundation (including in a case where no such body continues to
exist) for compensation for personal injury resulting from exposure to any
asbestos products, may recover the amount of the judgment from the James Hardie Industries Limited directors personally (and the
directors will be so liable despite any right of indemnity that might
otherwise exist and will be jointly and severally liable in respect of this
right of recovery). |
|||||
|
|
|
(December
8, May 25 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
LISTENING
AND SURVEILLANCE DEVICES (VISUAL SURVEILLANCE) AMENDMENT BILL |
||||||
|
|
The purpose of this Bill is to
limit the use of images collected in public places where people should be
able to enjoy a reasonable expectation of privacy. The Bill extends the power of the Listening
and Surveillance Devices Act to cover visual surveillance devices. It limits the use of visual surveillance
data gathered in public places as follows - |
|||||
|
|
7A—Visual surveillance in
public place |
|||||
|
|
|
A person must not knowingly
communicate or publish information or material derived from the use (whether
by that person or another person) of a visual surveillance device installed
in or directed at a public place for the security of people or property except— |
||||
|
|
|
(a) |
to a person to whom the
information or material relates; or |
|||
|
|
|
(b) |
with the consent of each person
to whom the information or material relates; or |
|||
|
|
|
(c) |
in the course of duty or in the
public interest including for the purposes of a relevant investigation or a
relevant proceeding; or |
|||
|
|
|
(d) |
being a person to whom the
information or material relates, as reasonably required for the protection of
the person's lawful interests. |
|||
|
|
|
Maximum penalty: $10 000
or imprisonment for 2 years. |
||||
|
|
Similarly, private activities
must not be recorded unless consent is given by the parties of that activity. |
|||||
|
|
The Bill provides: |
|||||
|
|
4—Regulation of use of listening
and visual surveillance devices |
|||||
|
|
|
Except as provided by this act,
a person must not intentionally use— |
||||
|
|
|
(a) |
a listening device to overhear,
record, monitor or listen to a private conversation, whether or not the person
is a party to the conversation, without the consent, express or implied, of
the parties to that conversation; or |
|||
|
|
|
(b) |
a visual surveillance device to
observe, record visually or monitor a private activity, whether or not the
person is a party to the activity, without the consent, express or implied,
of the parties to that activity. |
|||
|
|
|
Maximum penalty: $10 000
or imprisonment for 2 years. |
||||
|
|
|
(November
23 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
MIDWIVES BILL |
||||||
|
|
The purpose of this Bill is to
provide for the registration of midwives; to regulate midwifery for the
purpose of maintaining high standards of competence and conduct by midwives
in |
|||||
|
|
The Bill will assist in the recognition
and restoration of the role of midwives in maternity care by establishing a
scheme that - |
|||||
|
|
(a) |
regulates the practice of midwifery to ensure
the highest standards of competence and conduct by registered persons in |
||||
|
|
(b) |
involves midwives, midwife educators and
ordinary people who have recently had the benefit of midwifery care in
regulating the practice of midwifery; and |
||||
|
|
(c) |
ensures the best possible care and
support is provided to women and babies before, during and after birthing;
and |
||||
|
|
(d) |
encourages a reduction in medical
interventions in birthing; and |
||||
|
|
(e) |
provides flexible maternity options for
women and their partners; and |
||||
|
|
(f) |
reinstates birthing as a woman-centred, woman-led
experience. |
||||
|
|
|
(September
14 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
NATIONAL
ELECTRICITY ( |
||||||
|
|
The purpose of this Bill is to
strengthen and improve the quality, timeliness and national character of the
governance and economic regulation of the national electricity market. In turn, this should lower the cost and
complexity of regulation facing investors, enhance
regulatory certainty and lower barriers to competition. |
|||||
|
|
|
(February
16 - Bill withdrawn) |
||||
|
|
||||||
|
OCCUPATIONAL
HEALTH, SAFETY AND WELFARE (INDUSTRIAL MANSLAUGHTER) AMENDMENT BILL |
||||||
|
|
This Bill amends the
Occupational Health, Safety and Welfare Act, to include provisions for
industrial manslaughter. The Bill overcomes
inadequacies and restrictions in the current common law by finding criminal
liability in cases where a senior officer has engaged in reckless or
negligent conduct that has led to the death of an employee. The Bill deals with the artificial restrictions
in the Tesco decision by finding a corporation
liable if it tacitly or impliedly authorised or permitted reckless
indifference about seriously endangering the health or safety of employees,
and it allows for the aggregating of conduct of any number of its employees,
servants or agents. The Bill also refers, for the purpose of determining
liability, to whether a corporate culture existed that directed, encouraged,
tolerated or led to the conduct that caused the circumstances leading to the
death. |
|||||
|
|
The emphasis of the Bill is to
ensure that those who have a reasonable degree of authority to avoid or
prevent danger to the life, safety or health of another actually exercise
that authority. |
|||||
|
|
|
(December
8, May 25 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
PETROLEUM
(SUBMERGED LANDS) (MISCELLANEOUS) AMENDMENT BILL |
||||||
|
|
The purpose of this Bill is threefold. Primarily it amends the Petroleum (Submerged
Lands) Act 1982 to bring about a nationally uniform offshore scheme for the
occupational health and safety of persons engaged in offshore petroleum
operations across all States, Territories and Commonwealth waters of |
|||||
|
|
Secondly, the Bill makes some
“pre-emptive” changes to the provisions of the Act. These
amendments are required in preparation for a re-write of the Commonwealth Petroleum (Submerged Lands) Act 1967
which has been in progress for several years. The re-write is in line with a
commitment by the Commonwealth to simplify the legislation, with a view to
reducing compliance costs for the benefit of industry and
administrators. The new Act will be
re-named the Offshore Petroleum Act. The draft Bill contains some changes in
terminology which has implications for the State Act. |
|||||
|
|
The third group of amendments
in the Bill relate to competition policy principles. A review was conducted as part of a national
review of legislation (Commonwealth, State and |
|||||
|
|
|
(October
12, 25, November 8, December 8 - Act No. 50 of 2004) |
||||
|
|
||||||
|
|
||||||
|
|
This Bill amends the |
|||||
|
|
The reforms contained in the
Bill include: |
|||||
|
|
• |
Changing
the name Anangu Pitjantjatjara to Anangu Pitjantjatjara Yankunytjatjara
to recognise the Yankunytjatjara people; |
||||
|
|
|
(September
14, 20, October 17, 18, 20 - Act No. 52 of 2005) |
||||
|
|
||||||
|
PITJANTJATJARA
LAND RIGHTS (REGULATED SUBSTANCES) AMENDMENT BILL |
||||||
|
|
This Bill addresses the conduct
of persons who traffic in petrol and other substances to the detriment of the
people on the APY lands. The Bill
introduces a new offence to the Pitjantjatjara Land Rights Act, substantially
increasing the penalties for a person caught on the lands selling or
supplying a regulated substance, taking part in the sale or supply of a
regulated substance, or having a regulated substance in his or her position
for the purpose of selling or supplying the regulated substance, knowing or
having reason to suspect that the regulated substance will be inhaled or
otherwise consumed. |
|||||
|
|
The maximum penalty of a
$50,000 fine or imprisonment for 10 years is severe and, in keeping with the
provisions of the Controlled Substances Act, this Bill includes provisions for
the forfeiture of the vehicle used to traffic in the regulated substance
where appropriate. |
|||||
|
|
|
(September
15, 16, 21, November 11, December 8, February 28, May 3, 24 - Lapsed due to
Prorogation) |
||||
|
|
||||||
|
PUBLIC FINANCE AND AUDIT
(AUDITOR-GENERAL’S POWERS) AMENDMENT ENDMENT BILL |
||||||
|
|
This Bill forms part of the
Government’s 10-point Plan for Honesty and Accountability. One critical element of that plan is to
widen the powers of the Auditor-General.
The Bill will ensure that in future the Auditor-General has all the
powers he or she needs to report to the Parliament and the public on matters
which ought to be examined in the public interest. |
|||||
|
|
The Parliament currently has
only one power, on the resolution of both houses, to endorse the Governor’s
decision to remove the Auditor-General from office. This Bill gives the Parliament an
additional role in recommending the appointment of an Auditor-General when
there is a vacancy in the office, but it reinforces the fact that once in
office the Auditor-General cannot be directed in the way he or she performs
his or her duties. |
|||||
|
|
The Bill extends the powers of
the Auditor-General in a number of ways.
Specifically, the Auditor-General will be able to - |
|||||
|
|
• |
consider and report on any matter, even if that matter does not
relate to a publicly-funded body within the meaning of the Act; |
||||
|
|
Any legal challenge to the way
in which the Auditor-General exercises his powers must be commenced within 28
days of the conduct to be challenged. This
will ensure that legal proceedings are not used to cause unreasonable delays
to the conduct of examinations. |
|||||
|
|
|
(October
18 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
STATUTES
AMENDMENT (INTERVENTION PROGRAMS AND SENTENCING PROCEDURES) BILL |
||||||
|
|
This Bill provides formal
statutory backing for two practices that have developed in the Courts. One is
the practice of directing defendants to undertake programs of intervention that
help them take responsibility for the underlying causes of their criminal
behaviour. The
other is the use of sentencing conferences in sentencing Aboriginal
defendants. |
|||||
|
|
The legislative framework for
these practices is to be provided by amendments to the Bail Act 1985, the Criminal
Law (Sentencing) Act 1998, the District
Court Act 1991, the |
|||||
|
|
|
(February
17, April 7, 14, September 19, 20, October 18 - Act No. 49 of 2005) |
||||
|
|
||||||
|
STATUTES
AMENDMENT (PROHIBITION ON MINORS PARTICIPATING IN LOTTERIES BILL |
||||||
|
|
This Bill proposes to amend the
Lottery and Gaming Act and the State Lotteries Act to increase the age at which
a person can play lotteries, as defined in those Acts, to the age of 18 years. |
|||||
|
|
|
(June
1 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
STATUTES AMENDMENT
(RELATIONSHIPS) BILL |
||||||
|
|
The purpose of this Bill is to extend
to same-sex couples the same legal rights and obligations that now apply to
unmarried opposite-sex couples. The
approach taken in the Bill is to build on the existing law as it applies to
opposite-sex couples; that is, where an opposite-sex couple is recognised
under the present law, the Bill proposes to recognise a same-sex couple in
the same way. |
|||||
|
|
However, one important change
is proposed. At the moment the law generally
requires that a couple live together for five years before they can be
recognised, that is, unless they have a child together. This requirement arises from the Family
Relationships Act and applies across the statute book wherever there is a
reference to a putative spouse. For
example, this is the requirement to be able to inherit in case of
intestacy. However, the De Facto
Relationships Act requires only three years’ cohabitation. That Act applies to the division of
property where a de facto couple separates. This Bill will remove this discrepancy by
granting legal rights across the statute book after a period of three years’
cohabitation. |
|||||
|
|
The Bill does not cover
adoption or reproductive technology. The
Bill does, however, seek to equalise the rights of same sex couples with
those of opposite sex couples in all other areas. |
|||||
|
|
|
(November
9, 25, December 6, 7, 8 - Bill referred to Social Development Committee) |
||||
|
|
||||||
|
STATUTES
AMENDMENT (RELATIONSHIPS) BILL |
||||||
|
|
The purpose of this Bill is to
extend to same-sex couples the same legal rights and obligations that now
apply to unmarried opposite-sex couples. The approach taken in the Bill is to
build on the existing law as it applies to opposite-sex couples; that is,
where an opposite-sex couple is recognised under the present law, the Bill
will recognise a same-sex couple in the same way. |
|||||
|
|
This Bill will also extend similar
rights and duties to domestic co-dependent partners, where that is their
wish. Domestic co-dependents are
adults who live together in a relationship of care or support and who make a
legal agreement called a domestic relationships property agreement. Those who do that, will, similarly, accrue
legal rights and incur legal duties. |
|||||
|
|
Throughout the Bill, the term
“domestic partner” is used to refer collectively to de facto couples
(whether of opposite sex or the same sex) and domestic co-dependants. The Bill refers to married people
separately, even where their legal position is the same as that of other
couples. The term ‘spouse’ is reserved
for legally-married people and the term “putative spouse” is removed from the
statute book. |
|||||
|
|
|
(June
1, 27, July 4, 5, September 12, 14, 15, 19, 20, October 17, 19, November 7,
8, 10, 21 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
SUBORDINATE
LEGISLATION (DISALLOWANCE AND VARIATION) AMENDMENT BILL |
||||||
|
|
This Bill amends the Subordinate
Legislation Act. The Bill will make
the Government more accountable to the Parliament by providing that the
remaking of regulations within six months, after disallowance of the same or
comparable regulations, will not be permitted. Secondly, the Bill will close the loophole
in the Subordinate Legislation Act which allows Ministers to circumvent the
requirement that regulations come into force four months after being
made. Thirdly, it seeks to give to both
Houses of Parliament the power to disallow not only the whole but also any
part of a regulation. |
|||||
|
|
|
(April
6 - Lapsed due to Prorogation) |
||||
|
|
||||||
|
SUMMARY
OFFENCES (TICKET SCALPING) AMENDMENT BILL |
||||||
|
|
This Bill deals with the issue
of ticket scalping. In |
|||||
|
|
The Bill enables the Minister,
by notice in The Gazette, to declare an event to be an event to which
the new Section in the Act applies. An
event is defined as meaning “a sporting event, concert or other entertainment
for which tickets for admittance are sold by or on behalf of the event
organisers” and the original ticket price would include any booking fees. |
|||||
|
|
The Bill provides for a resale
of up to 10 per cent above the original price. This allows for the fact that some people
who genuinely cannot go to an event or cannot use their tickets may recover
the cost of the ticket and any reasonable costs involved. |
|||||
|
|
The Bill does not apply to all
events and allows for exemptions to be made in prescribed circumstances. |
|||||
|
|
|
(February
16 - Lapsed due to Prorogation) |
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SUPERANNUATION
FUNDS MANAGEMENT CORPORATION OF |
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This Bill amends the governance
arrangements for the Superannuation Funds Management Corporation of |
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The amendments to the Superannuation Funds Management
Corporation of |
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1. |
Extending the existing
functions of Funds SA about the investment and management of funds to include
the investment and management of funds on behalf of such Government and
related bodies as the Treasurer sees fit. |
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2. |
Extending the power of the
Governor to remove Government nominated directors to the Corporations on such
grounds as the Treasurer sees fit. |
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3. |
Providing the power of
direction and control to the Treasurer, but with important limitations
prohibiting a direction to Funds SA about an investment decision, dealing with
property or the exercise of a voting right |
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(November
10, February 7, April 11, May 24, September 15 - Act No. 44 of 2005) |
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UPPER |
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The Environment Resources and
Development Committee currently has is oversight of the Upper South East Dry
Land Salinity and Flood Management Act. The amendments contained in this Bill
will mean that the Natural Resource Committee will assume these
responsibilities. |
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(October
19 - Lapsed due to Prorogation) |
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WHISTLEBLOWERS
PROTECTION (REPORTING OBLIGATIONS) AMENDMENT BILL |
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This Bill amends the Whistleblowers
Protection Amendment Act which was put in place to attempt to encourage and
protect members of the public who felt that they have information which could
have direct bearing on the analysis of what may be corrupt practices in the
Government. |
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In relation to these people who
come forward with that information, a procedure is outlined in legislation to
protect them from both civil and criminal charges. From that point of view, there would be an
obligation on the public official to whom this information was given to
proceed to take action. |
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However, there is absolutely no
penalty for any public authority which does not comply with the obligation
clearly spelt out in this Act. This
Bill provides such a penalty. |
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(September
14 - Lapsed due to Prorogation) |
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WORKERS REHABILITATION
AND COMPENSATION (THIRD PARTY LIABILITY) AMENDMENT BILL |
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The purpose of this Bill is to amend Section 54 of the
Workers Rehabilitation and Compensation Act.
Section 54 provides that where a person who commits a tort, is found
liable—whether they be 1 per cent, 2 per cent, 5 per cent or
20 per cent in the wrong, to pay 100 per cent of their
responsibility. This provision, as it
is currently in the legislation, is causing problems in relation to group
training schemes, which are training schemes generally run by the housing,
motor, and the hotel industry. The
Bill will provide that the payment of compensation is limited to an amount
that is fair and equitable having regard to the extent of the third-party’s
responsibility for causing the trauma out of which the worker’s disability
arose. |
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(October
27, February 16, July 5 - negatived in Council) |
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WORKPLACE
PRIVACY BILL |
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This Bill severely curtails the
deployment and use of covert surveillance of employees. If surveillance of employees is to be done,
it can only be done in two cases: either employees have been notified that
surveillance will take place and this has been agreed to by the employees or,
where management believes unlawful activities are taking place, a covert
surveillance authority may be obtained to allow limited surveillance for a
fixed period, with stringent conditions attached. The Bill also creates new offences related
to covert surveillance, both for unlawfully conducting covert surveillance
and for misusing information obtained through surveillance, legally or not. |
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(November
10, May 4, September 21 - Lapsed due to Prorogation) |
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