LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

FOURTH SESSION OF THE FORTY-SEVENTH PARLIAMENT

________________

 

11 August 1992 to 3 June 1993

________________

 

 


TABLE OF CONTENTS
___________

 

Members of the Legislative Council

Officers of the Legislative Council

Committees

 

Standing Committees -

   

Environment, Resources and Development Committee
Legislative Review Committee
Social Development Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Parliamentary Privilege

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Redevelopment of the Marineland Complex and Related Matters
Select Committee on the Circumstances related to the Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters
Select Committee on the Penal System in South Australia
Select Committee on Country Rail Services in South Australia
Select Committee on the Control and Illegal Use of Drugs of Dependence
Select Committee on Review of Certain Statutory Authorities
Select Committee on the Extent of Gambling Addiction and Effects of Gaming Machines

List of Bills considered by Legislative Council

 

Total Number of Bills considered by Legislative Council
Total Number of Bills passed by both Houses
Bills considered by Legislative Council which have not passed both Houses

Sittings of Council

List of Bills which passed both Houses of Parliament

 

Bills originated in Legislative Council
Bills originated in House of Assembly
Restored Bills - in House of Assembly

List of Bills introduced in and amended by Legislative Council

List of House of Assembly Bills amended by Legislative Council

Substantive Motions and Resolutions

 

Address-in-Reply
Government Motions
Censure Motion
Motions on LC Select Committees
Motions on Joint Committees
Motions for Disallowance of Regulations, Rules and By-laws
President’s Ruling - Disagreement with
Private Members’ Motions

Petitions

Synopsis of Legislation

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

The Hon. Gordon Lindsay BRUCE (President of the Legislative Council)

The Hon. John Charles BURDETT, LL.B.

The Hon. Trevor CROTHERS

The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., A.A.S.A.

The Hon. Henry Peter Kestel DUNN, R.D.A.

The Hon. Michael John ELLIOTT, B.Sc., Grad.Dip.T.

The Hon. Mario Severino FELEPPA

The Hon. Ian GILFILLAN

The Hon. Kenneth Trevor GRIFFIN, LL.M.

The Hon. James Campbell IRWIN

The Hon. Diana Vivienne LAIDLAW, B.A.

The Hon. Judith Anne Winstanley LEVY, M.Sc. (Minister for the Arts and Cultural Heritage, Minister of Consumer Affairs, Minister for the Status of Women)

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Leader of the Opposition, Legislative Council)

The Hon. Bernice Swee Lian PFITZNER, M.B.B.S., M.D.

The Hon. Carolyn Ann PICKLES, J.P.

The Hon. Robert John RITSON, M.B., B.S.

The Hon. Ronald Roy ROBERTS

The Hon. Terance Gerald ROBERTS

The Hon. Julian Ferdinand STEFANI, O.A.M.

The Hon. Christopher John SUMNER, B.A., LL.B., Grad.Dip.Arts (Attorney-General, Minister of Public Sector Reform, Minister for Crime Prevention)

The Hon. George WEATHERILL

The Hon. Barbara Jean WIESE (Minister of Transport Development)

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

The Hon. Gordon Lindsay BRUCE

CLERK OF THE LEGISLATIVE COUNCIL

 

Mrs. Janice M. DAVIS, B.A.(Juris.)

DEPUTY CLERK AND USHER OF THE BLACK ROD

 

Mr. Trevor R. BLOWES, B.A.

CLERK-ASSISTANT

 

Mr. Christopher D. SCHWARZ, B.A.(Comm.)

PARLIAMENTARY OFFICER

 

Mr Paul D. TIERNEY, B.A. (Acting)

 

 


COMMITTEES
___________

 

COMMITTEES APPOINTED UNDER
PARLIAMENTARY COMMITTEES ACT 1991
INCLUSIVE OF LEGISLATIVE COUNCIL MEMBERS
___________

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon HPK Dunn MLC
The Hon M J Elliott MLC
The Hon T G Roberts MLC

The Hon P B Arnold MP
Mr M R DeLaine MP
The Hon T H Hemmings MP

Committee Secretary: Mr. A. Murphy

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon J C Burdett MLC
The Hon M S Feleppa MLC
The Hon G Weatherill MLC

Mr G M Gunn MP
Mr CDT McKee MP
Mr E J Meier MP

Committee Secretary: Mr. D. Pegram, B.A.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 11/12 February 1992

   

The Hon L H Davis MLC
The Hon I Gilfillan MLC
The Hon C A Pickles MLC

**Mr M J Atkinson MP
*Mrs D C Kotz MP
**Mr V S Heron MP

*Appointed 6 August 1992
**Appointed 7 October 1992
Committee Secretary: Ms. V. Evans, B.A.(Hons.)

 
 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 13 February 1990

   

The President (The Hon G L Bruce MLC)
The Hon T Crothers MLC
The Hon J C Irwin MLC

The Speaker (The Hon N T Peterson MP)
Mr M R DeLaine MP
Mr I P Lewis MP

 

JOINT COMMITTEE ON PARLIAMENTARY PRIVILEGE

 

Appointed 6 September 1990

   

The President (The Hon G L Bruce MLC)
The Hon M J Elliott MLC
The Hon K T Griffin MLC

The Speaker (The Hon N T Peterson MP)
The Hon B C Eastick MP
Mr T R Groom MP

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 6 August 1992

   

The President (The Hon G L Bruce MLC)
The Hon K T Griffin MLC
The Hon R I Lucas MLC

The Hon R R Roberts MLC
The Hon C J Sumner MLC (Attorney-General)

 

PRINTING COMMITTEE

 

Appointed 6 August 1992

   

The Hon HPK Dunn MLC
The Hon M S Feleppa MLC
The Hon R J Ritson MLC

The Hon R R Roberts MLC
The Hon T G Roberts MLC

 
 
 

SELECT COMMITTEES
___________

 

REDEVELOPMENT OF THE MARINELAND COMPLEX AND RELATED MATTERS

 

Appointed 21 March 1990

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon J C Burdett MLC

The Hon T Crothers MLC
The Hon I Gilfillan MLC
The Hon R I Lucas MLC

 

CIRCUMSTANCES RELATED TO THE STIRLING COUNCIL PERTAINING TO AND ARISING FROM THE ASH WEDNESDAY 1980 BUSHFIRES AND RELATED MATTERS

 

Appointed 5 September 1990

   

The Hon JAW Levy MLC (Minister for
the Arts and Cultural Heritage
The Hon T Crothers MLC

The Hon I Gilfillan MLC
The Hon K T Griffin MLC
The Hon J F Stefani MLC

 

THE PENAL SYSTEM IN SOUTH AUSTRALIA

 

Appointed 19 October 1990

   

The Hon I Gilfillan MLC
The Hon J C Irwin MLC
The Hon R J Ritson MLC

The Hon R R Roberts MLC
The Hon G Weatherill MLC

 

COUNTRY RAIL SERVICES IN SOUTH AUSTRALIA

 

Appointed 17 October 1990

   

The Hon HPK Dunn MLC
The Hon I Gilfillan MLC
The Hon D V Laidlaw MLC

The Hon R R Roberts MLC
The Hon G Weatherill MLC

 

THE CONTROL AND ILLEGAL USE OF DRUGS OF DEPENDENCE

 

Appointed 10 April 1991

   

The Hon M J Elliott MLC
The Hon BSL Pfitzner MLC
The Hon C A Pickles MLC

The Hon R J Ritson MLC
The Hon G Weatherill MLC

 

REVIEW OF CERTAIN STATUTORY AUTHORITIES

 

Appointed 29 April 1992

   

The Hon T Crothers MLC
The Hon L H Davis MLC
The Hon MJ Elliott MLC

The Hon R I Lucas MLC
The Hon T G Roberts MLC

 

THE EXTENT OF GAMBLING ADDICTION AND EFFECTS OF GAMING MACHINES

 

Appointed 7 May 1992

   

The Hon J C Burdett MLC
The Hon T Crothers MLC

The Hon BSL Pfitzner MLC
The Hon C A Pickles MLC

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

 

53

 

House of Assembly origin

 

81

 

Bills restored -

 
   

In Legislative Council -

 
     

Local Government (Miscellaneous Provisions) Amendment Bill
Gaming Machines Bill

 

1
1


2

     

136

 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

42

 
 

House of Assembly origin

73

 
 

Bills Restored

2

117

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Foreign Ownership of Land Register Bill - lapsed in Council.
Fruit, Vegetables and Other Produce (Payments to Producers) Bill - lapsed in Council.
Gaming Machines Act Repeal Bill - negatived in Council.
Independent Commission Against Crime and Corruption Bill - lapsed in Council.
Local Government (Preservation of Public Open Space) Amendment Bill - lapsed in Council.
Parliamentary Remuneration (No Pay Rise) Amendment Bill - negatived in Council.
Privacy Bill - referred to Legislative Review Committee.
Remuneration (Economic Climate) Amendment Bill - lapsed in Council.
State Transport Authority (Authorized Officers) Amendment Bill - lapsed in Council.
State Transport Authority (Prevention of Graffiti Vandalism) Bill - lapsed in Council.
Statutes Repeal and Amendment (Places of Public Entertainment) Bill - lapsed in Council.

 

House of Assembly origin:

 

Consent to Medical Treatment and Palliative Care Bill - lapsed in Council.
Correctional Services (Control of Prisoners’ Spending) Amendment Bill - lapsed in Council.
Employment Agents Registration Bill - lapsed in Council.
Local Government (Voting at Meetings) Amendment Bill - lapsed in Council.
Murray-Darling Basin Bill - lapsed in Council.
Mutual Recognition (South Australia) Bill - laid aside in Council.
The Standard Time (Eastern Standard Time) Amendment Bill - negatived in Council.
Tobacco Products Control (Miscellaneous) Amendment Bill - lapsed in Council.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 63 days and sat for a total number of 404 hours 43 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Acts Interpretation (Australia Acts) Amendment

2

70 of 1992

Classification of Publications (Display of Indecent Matter) Amendment

5, 5A

40

Classification of Publications (Film Classification) Amendment

92

27

Commercial Arbitration (Uniform Provisions) Amendment

25

64 of 1992

Controlled Substances (Classification of Offences) Amendment

23

44 of 1992

Courts Administration

19, 19A

11

Criminal Injuries Compensation (Miscellaneous) Amendment

99, 99A

48

Criminal Law (Sentencing) (Education Programmes) Amendment

97

33

Criminal Law (Sentencing) (Suspension of Vehicle Registration) Amendment

26, 26A

73 of 1992

Criminal Law Consolidation (Application of Criminal Law) Amendment

1

63 of 1992

Equal Opportunity (Compulsory Retirement) Amendment

100, 100A

35

Equal Opportunity (Employment of Juniors) Amendment

6, 6A

56 of 1992

Evidence (Miscellaneous) Amendment

91

53

Evidence (Vulnerable Witnesses) Amendment

79, 79A

37

Expiation of Offences (Divisional Fees) Amendment

10

72 of 1992

Financial Transactions Reports (State Provisions)

27

74 of 1992

Harbors and Navigation

50

41

Land Agents, Brokers and Valuers (Mortgage Financiers) Amendment

72, 72A

8

Legal Practitioners (Reform) Amendment

78, 78A

22

Limitation of Actions (Mistake of Law or Fact) Amendment

107, 107A

39

Local Government (City of Adelaide Wards) Amendment

9, 9A

54 of 1992

Local Government (Financial Management) Amendment

39, 39A

85 of 1992

Members of Parliament (Register of Interests) (Returns) Amendment

73, 73A

64

Motor Vehicles (Confidentiality) Amendment

46

87 of 1992

Motor Vehicles (Wrecked or Written-Off Vehicles) Amendment

61

4

Parliamentary Committees (Publication of Reports) Amendment

52

79 of 1992

Public Corporations

68, 68A

36

Road Traffic (Miscellaneous) Amendment

88

32

Road Traffic (Pedal Cycles) Amendment

69, 69A

10

South Australian Country Arts Trust

8, 8A

57 of 1992

State Bank of South Australia (Investigations) Amendment

62

86 of 1992

Statutes Amendment (Attorney-General’s Portfolio)

109, 109A

34

Statutes Amendment (Commercial Licences)

7

55 of 1992

Statutes Amendment (Courts)

108

62

Statutes Amendment (Expiation of Offences)

11

71 of 1992

Statutes Amendment (Motor Vehicles and Wrongs)

51, 51A

5

Statutes Amendment (Right of Reply)

38

76 of 1992

Summary Offences (Road Blocks) Amendment

3

53 of 1992

Summary Procedure (Summary Protection Orders) Amendment

4, 4A

75 of 1992

Trade Measurement

105

42

Trade Measurement Administration

106, 106A

43

Whistleblowers Protection

74, 74A

21

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Aboriginal Lands Trust (Miscellaneous) Amendment

95

16

Ambulance Services

42, 42A

92 of 1992

Animal and Plant Control (Agricultural Protection and Other Purposes) (Immunity from Liability) Amendment

36

61 of 1992

Appropriation

31,31A,31B

62 of 1992

Barley Marketing

98, 98A

23

Botanic Gardens (Miscellaneous) Amendment

40

59 of 1992

Business Franchise (Petroleum Products) (Fees)

32

58 of 1992

Construction Industry Long Service Leave (Miscellaneous) Amendment

45, 45A

80 of 1992

Construction Industry Training Fund

70, 70A

17

Dairy Industry

59, 59A

77 of 1992

Dangerous Substances (Equipment and Permits) Amendment

53

81 of 1992

Debits Tax (Rates) Amendment

16

48 of 1992

Development

110, 110A

55

Disability Services

93

18

Dog Control (Dangerous Breeds) Amendment

81, 81A

7

Dried Fruits

120

47

Dried Fruits (Extension of Term of Office) Amendment

63

82 of 1992

Economic Development

82, 82A

24

Education (Non-Government Schools) Amendment

96

19

Education (Truancy) Amendment

119, 119A

60

Electricity Trust of South Australia (Superannuation) Amendment

116

28

Environment, Resources and Development Court

111, 111A

63

Financial Institutions Duty (Reduction of Duty) Amendment

127

49

Firearms (Miscellaneous) Amendment

65,65A,65B, 65C

13

Friendly Societies (Miscellaneous) Amendment

49

66 of 1992

Fruit and Plant Protection

37, 37A

67 of 1992

Government Management and Employment (Miscellaneous) Amendment

56, 56A

20

Guardianship and Administration

103,103A, 103B

61

Heritage

130, 130A

56

Industrial Relations Advisory Council (Removal of Sunset Clause) Amendment

94

15

Industrial Relations (Miscellaneous Provisions) Amendment

55, 55A

93 of 1992

Land Tax (Rates) Amendment

35

50 of 1992

Liquor Licensing (Fees) Amendment

22

46 of 1992

Liquor Licensing (Fees) Amendment

125

50

Mental Health

104, 104A, 104B

59

Mining (Precious Stones Field Ballots) Amendment

80

3

National Parks and Wildlife (Miscellaneous) Amendment

132

45

Occupational Health, Safety and Welfare (Plant) Amendment

123

46

Occupational Health, Safety and Welfare (Registration Fees) Amendment

122

51

Pay-roll Tax (Exemptions) Amendment

34

51 of 1992

Police (Police Aides) Amendment

41

60 of 1992

Police Superannuation (Miscellaneous) Amendment

21

52 of 1992

Police Superannuation (Superannuation Guarantee) Amendment

87

12

Public and Environmental Health (Review) Amendment

84, 84A

9

Public Finance and Audit (Miscellaneous) Amendment

76, 76A

6

Racing (Dividend Adjustment) Amendment

13

41 of 1992

Racing (Miscellaneous) Amendment

114, 114A

29

South Australian Health Commission (Incorporated Hospitals and Health Centres) Amendment

90

14

South Australian Tourism Commission

101, 101A

26

Stamp Duties (Penalties, Reassessments and Securities) Amendment

60, 60A

88 of 1992

Stamp Duties (Rates) Amendment

17

42 of 1992

State Lotteries (Soccer Pools and Other) Amendment

33

65 of 1992

Statutes Amendment (Chief Inspector)

75

1

Statutes Amendment (Fisheries)

89, 89A

31

Statutes Amendment (Public Actuary)

48, 48A

69 of 1992

Statutes Repeal and Amendment (Development)

112, 112A

54

Superannuation (Benefit Scheme)

57, 57A

89 of 1992

Superannuation (Scheme Revision) Amendment

58, 58A

91 of 1992

Superannuation (Visiting Medical Officers)

115

30

Superannuation (Voluntary Separation) Amendment

128

44

Supply (No. 1)

86

25

Supply (No. 2)

15

45 of 1992

Supported Residential Facilities

43, 43A

90 of 1992

The Flinders University of South Australia (Miscellaneous) Amendment

64

83 of 1992

Tobacco Products (Licensing) (Fees) Amendment

18

47 of 1992

Tobacco Products (Licensing) (Fees) Amendment

126

38

Waterworks (Residential Rating) Amendment

47

68 of 1992

Wine Grapes Industry (Indicative Prices) Amendment

71

78 of 1992

Workers Rehabilitation and Compensation (Declaration of Validity)

83

2

Workers Rehabilitation and Compensation (Miscellaneous) Amendment

44

84 of 1992

Workers Rehabilitation and Compensation (Review Authorities) Amendment

102, 102A

52

Young Offenders

117, 117A

57

Youth Court

118, 118A

58

 

RESTORED BILLS - in House of Assembly

 

Bill No.

Act No.

Gaming Machines

-

49 of 1992

Local Government (Miscellaneous Provisions) Amendment

14

43 of 1992

 

 


LIST OF BILLS INTRODUCED IN AND
AMENDED BY LEGISLATIVE COUNCIL

___________

 


TITLE OF BILL

NO. OF AMENDMENTS
MADE BY
LEGISLATIVE COUNCIL

Classification of Publications (Display of Indecent Matter) Amendment

1

Courts Administration

20

Criminal Injuries Compensation (Miscellaneous) Amendment

8

Criminal Law (Sentencing) (Suspension of Vehicle Registration) Amendment

2

Equal Opportunity (Compulsory Retirement) Amendment

1

Equal Opportunity (Employment of Juniors) Amendment

2

Evidence (Vulnerable Witnesses) Amendment

5

Harbors and Navigation

13

Land Agents, Brokers and Valuers (Mortgage Financiers) Amendment

2

Legal Practitioners (Reform) Amendment

8

Limitation of Actions (Mistake of Law or Fact) Amendment

2

Local Government (City of Adelaide Wards) Amendment

1

Local Government (Financial Management) Amendment

1

Members of Parliament (Register of Interests) (Returns) Amendment

11

Public Corporations

89

Road Traffic (Pedal Cycles) Amendment

7

South Australian Country Arts Trust

14

Statutes Amendment (Motor Vehicles and Wrongs)

3

Summary Procedure (Summary Protection Orders) Amendment

8

Trade Measurement Administration

2

Whistleblowers Protection

17

 

 


LIST OF HOUSE OF ASSEMBLY BILLS
AMENDED BY LEGISLATIVE COUNCIL

___________

 


Title of Bill

No. of
Amendments
made by
L.C.

No. of
Amendments
agreed to by
by H.A.

No. of
Amendments
disagreed to
by H.A.

No. of
Amendments
not insisted
on by L.C.

No. of
Amendments
insisted on
by L.C.


Conference/
Resolution

Ambulance Services

5

1

4

4

-

-

Appropriation

3

3

-

-

-

-

Barley Marketing

3

3

-

-

-

-

Construction Industry Long Service Leave (Miscellaneous) Amendment

4

-

4

-

4

Agreement
Reached

Construction Industry Training Fund

8

8

-

-

-

-

Dairy Industry

4

2

-

2

-

-

Development

62

25

37

37

-

-

Dog Control (Dangerous Breeds) Amendment

1

1

-

-

-

-

Economic Development

10

9

-

1

-

-

Education Truancy

2

2

2

-

-

-

Environment, Resources and Development Court

18

18

-

-

-

-

Firearms (Miscellaneous) Amendment

1

1

-

-

-

-

Fruit and Plant Protection

4

4

-

-

-

-

Government Management and Employment (Miscellaneous) Amendment

12

12

-

-

-

-

Guardianship and Administration

11

5

6

-

6

Agreement
Reached

Heritage

11

11

-

-

-

-

Industrial Relations (Miscellaneous Provisions) Amendment

31

-

31

16

15

-

Mental Health

25

25

-

-

-

-

Mutual Recognition (South Australia)

9

-

9

-

9

No Agreement
Reached.
Bill laid aside.

Public and Environmental Health (Review) Amendment

1

1

-

-

-

-

Public Finance and Audit (Miscellaneous) Amendment

5

4

1

1

-

-

Racing (Miscellaneous) Amendment

1

1

-

-

-

-

South Australian Tourism Commission

2

2

-

-

-

-

Stamp Duties (Penalties, Reassessments and Securities) Amendment

4
(Suggested)

4
(Suggested)

-

-

-

-

Statutes Amendment (Fisheries)

4

-

4

-

4

Agreement
Reached

Statutes Amendment (Public Actuary)

1

1

-

-

-

-

Statutes Repeal and Amendment (Development)

9

9

-

-

-

-

Superannuation (Benefit Scheme)

5

5

-

-

-

-

Superannuation (Scheme Revision) Amendment

3

3

-

-

-

-

Supported Residential Facilities

7

7

-

-

-

-

Workers Rehabilitation and Compensation (Review Authorities) Amendment

10

10

-

-

-

-

Young Offenders

24

24

-

-

-

-

Youth Court

3

3

-

-

-

-

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon. R. R. Roberts, 11 August, 1992.
Seconded by The Hon. T. G. Roberts, 11 August, 1992.
Adopted and presented to Her Excellency the Governor on 25 August, 1992.

 

GOVERNMENT MOTIONS -

 

First Report of the Royal Commission into the State Bank of South Australia -

   

Moved by the Attorney-General, 18 November 1992, amendment moved by The Hon. I. Gilfillan, amendment agreed to and motion, as amended, agreed to, 18 November 1992.

 

Second Report of the Royal Commission into the State Bank of South Australia -

   

Moved by the Attorney-General, 10 March 1993. (Motion lapsed due to Prorogation.)

 

CENSURE MOTION -

 

Re Minister of Tourism and Consumer Affairs concerning misleading the Legislative Council -

   

Moved by The Hon. R. I. Lucas, 26 August 1992, amendment moved by The Hon. M. J. Elliott, amendment agreed to and motion, as amended, agreed to, 26 August 1992.

 

SELECT COMMITTEES - COUNCIL -

 

Circumstances Related to The Stirling Council pertaining to and arising from the Ash Wednesday 1980 Bushfires and Related Matters

   

Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 6 August 1992.

   

Power to sit during recess - moved by the Minister for the Arts and Cultural Heritage and agreed to, 31 March 1993.

 

Control and Illegal Use of Drugs of Dependence

   

Power to sit during present Session - moved by The Hon. C. A. Pickles and agreed to, 6 August 1992.

   

Power to sit during recess - moved by The Hon. C. A. Pickles and agreed to, 31 March 1993.

 

Country Rail Services in South Australia

   

Power to sit during present Session - moved by The Hon. G. Weatherill and agreed to, 6 August 1992.

   

Power to sit during recess - moved by The Hon. G. Weatherill and agreed to, 31 March 1993.

 

Extent of Gambling Addiction and Effects of Gaming Machines

   

Power to sit during present Session - moved by The Hon. T. Crothers and agreed to, 6 August 1992.

   

Power to sit during recess - Moved by The Hon. T. Crothers and agreed to, 31 March 1993.

 

Penal System in South Australia

   

Power to sit during present Session - moved by The Hon. I. Gilfillan and agreed to, 6 August 1992.

   

Power to sit during recess - moved by The Hon. I. Gilfillan and agreed to, 31 March 1993.

 

Redevelopment of the Marineland Complex and Related Matters -

   

Power to sit during present Session - moved by the Minister for the Arts and Cultural Heritage and agreed to, 6 August 1992.

   

Power to sit during recess - moved by the Minister for the Arts and Cultural Heritage and agreed to, 31 March 1993.

 

Review of Certain Statutory Authorities

   

Power to sit during present Session - moved by The Hon. T. G. Roberts and agreed to, 6 August 1992.

   

Power to sit during recess - Moved by The Hon. T. G. Roberts and agreed to, 31 March 1993.

 

COMMITTEES - JOINT -

 

Parliamentary Privilege -

   

Power for Council Members to act on Joint Committee during present Session - Moved by the Attorney-General, 6 August 1992.

   

Power for Council Members to act on Joint Committee during recess - Moved by the Attorney-General, 5 May 1993.

 

Workers Rehabilitation and Compensation System -

   

Power for Council Members to act on Joint Committee during present Session - Moved by the Attorney-General, 6 August 1992.

   

Second Interim Report brought up, 26 November 1992.

   

Final Report brought up, 21 April 1993.

 

MOTIONS FOR DISALLOWANCE OF REGULATIONS, RULES AND BY-LAWS -

 

Moved by Member on own behalf -

   

Freedom of Information Act Regulations - Exempt Agency - Senior Secondary Assessment Board - Revocation and Replacement -
Moved by The Hon. R. I. Lucas, 17 February 1993 and disagreed to, 5 May 1993.

   

Marine Environment Protection Act Regulations - Variation (Interpretation Business) -
Moved by The Hon. M. J. Elliott, 21 April 1993 and disagreed to, 5 May 1993.

   

Optometrists Act Regulations - Optometrists and Optical Dispensers -
Moved by The Hon. J. C. Burdett, 5 May 1993 and agreed to, 5 May 1993.

   

Planning Act Regulations - Development Controls (Local Government) -
Moved by The Hon. B.S.L. Pfitzner, 24 March 1993 and disagreed to, 5 May 1993.

 

Moved by Member on behalf of Legislative Review Committee -

   

Boating Act Regulations - Commencement of Hire and Drive -
Moved by The Hon. M. S. Feleppa, 19 August 1992 and agreed to, 19 August, 1992.

   

Corporation of the City of Brighton - By-law No. 1 - Regulating Bathing and Controlling of Foreshore -
Moved by The Hon. M. S. Feleppa, 21 October 1992 and agreed to, 21 October 1992.

 

PRESIDENT’S RULING - DISAGREEMENT WITH -

 

Moved by The Hon. M. J. Elliott, 30 March 1993, and disagreed to, 31 March 1993.

 

PRIVATE MEMBERS’ MOTIONS -

 

Alice Springs to Darwin, Transcontinental Railway -

   

Moved by The Hon. D. V. Laidlaw, 28 April 1993, amendment moved by The Hon. R. R. Roberts, amendment agreed to and motion, as amended, agreed to, 5 May 1993.

 

Craigburn Farm -

   

Moved by The Hon. M. J. Elliott, 31 March 1993, and agreed to, 5 May 1993.

 

Environment, Resources and Development Committee Report - First Report - Noting of -

   

Moved by The Hon. T. G. Roberts, 26 August 1992, and agreed to, 9 September 1992.

 

Environment, Resources and Development Committee - Second Report - Noting of -

   

Moved by The Hon. T. G. Roberts, 26 November 1992, and agreed to, 26 November 1992.

 

Environment, Resources and Development Committee - Third Report - Noting of -

   

Moved by The Hon. T. G. Roberts, 10 March 1993. (Motion lapsed due to Prorogation.)

 

Goolwa to Hindmarsh Island Bridge - Referral to Environment, Resources and Development Committee -

   

Moved by The Hon. D. V. Laidlaw, 10 February 1993, and agreed to, 21 April 1993.

 

Immunisation Programme -

   

Moved by The Hon. B.S.L. Pfitzner, 28 October 1992, amendment moved by The Hon. C. A. Pickles, amendment agreed to and motion, as amended, agreed to, 25 November 1992.

 

Legislative Review Committee - Interim Report - Noting of -

   

Moved by The Hon. M. S. Feleppa, 28 April 1993. (Motion lapsed due to Prorogation.)

 

Oil Spill at Port Bonython -

   

Moved by The Hon. D. V. Laidlaw, 9 September 1992, amendment moved by The Hon. M. J. Elliott, 7 October 1992, amendment moved by The Hon. J. C. Burdett to the amendment moved by The Hon. M. J. Elliott, agreed to; amendment moved by The Hon. M. J. Elliott, as amended by The Hon. J. C. Burdett, agreed to and motion, as amended, agreed to, 14 October 1992.

 

Rape in Marriage - Remarks by Justice Bollen -

   

Moved by The Hon. M. J. Elliott, 5 May 1993. (Motion lapsed due to Prorogation.)

 

School Staffing Policies -

   

Moved by The Hon. R. I. Lucas, 10 February 1993, amendment moved by The Hon. M. J. Elliott, 3 March 1993. (Motion lapsed due to Prorogation.)

 

Social Development Committee - First Report - Noting of -

   

Moved by The Hon. C. A. Pickles, 25 November 1993, and agreed to, 10 February 1993.

 

Solar Powered Railways -

   

Moved by The Hon. T. Crothers, 5 May 1993. (Motion lapsed due to Prorogation.)

 

Waite Institute -

   

Moved by The Hon. R. I. Lucas, 14 October 1992. (Motion lapsed due to Prorogation.)

 

 


PETITIONS
___________

 

CITIZENS’ INITIATED REFERENDA

 

Praying that Council will call upon the Government to hold a Referendum on Citizens Initiated Referenda, in conjunction with the next SA Local Government elections, as a means of determining the will of all South Australians in this matter.

   

Presented by The Hon. D. V. Laidlaw, 19 August 1992, 275 signatures.
Presented by The Hon. I. Gilfillan, 19 August 1992, 272 signatures.
Presented by The Hon. J. C. Irwin, 11 March 1993, 205 signatures.

 

JUSTICE BOLLEN’S SUMMING UP TO JURY IN A RAPE IN MARRIAGE TRIAL

 

Praying that the Council will:-

 

1.

look into ways and means of officially condemning the statement and officially warning Justice Bollen of his unacceptable attitude of gender discrimination;

 

2.

request the Government to encourage and promote education for the judiciary into attitudes which discourage any forms of domestic violence; and

 

3.

request the Government take a lead in gender sensitivity training for law enforcement personnel and judges.

   

Presented by The Hon. B.S.L. Pfitzner, 11 February 1993, 129 signatures.
Presented by The Hon. B.S.L. Pfitzner, 11 March 1993, 114 signatures.
Presented by The Hon. B.S.L. Pfitzner, 25 March 1993, 257 signatures.
Presented by The Hon. B.S.L. Pfitzner, 6 May 1993, 42 signatures.

 

OCCULT, TEACHING OF IN SCHOOLS

 

Praying that the Council will call upon the Minister of Education, Employment and Training to:-

 

1.

reclassify all such printed materials as unsuitable teaching aids and have it immediately removed from the classroom curriculum and school libraries; and

 

2.

formalise policies which will exclude the direct and indirect references to and teaching of the occult and/or associated practices within public schools.

   

Presented by The Hon. R. R. Roberts, 11 February 1993, 87 signatures.
Presented by The Hon. R. R. Roberts, 29 April 1993, 28 signatures.

 

SOUTH AUSTRALIAN PLANNING COMMISSION

 

Praying that the Council will urge the Corporation of the City of Henley and Grange and the Planning Commission to have regard to concerns and reject the proposed housing development by Prominent Constructions.

   

Presented by The Hon. D. V. Laidlaw, 13 August 1992, 108 signatures.

 

STATE LIBRARY, OPENING HOURS

 

Praying that this Council will urge the Government to provide the State Library with the funds necessary to restore sensible opening hours.

   

Presented by The Hon. R. R. Roberts, 29 April 1993, 3 signatures.

 

STA, DEMOLITION OF TRAM BARN A FOR PARKLANDS

 

Praying that Council will request the immediate return of the area in the vacant State Transport Authority area - Hackney, now occupied by a building known as Tram Barn A. And further, the Council will direct the Government to order the demolition of this building to make way for Parklands.

   

Presented by The Hon. I. Gilfillan, 10 September, 1992, 55 signatures.
Presented by The Hon. I. Gilfillan, 7 October 1992, 208 signatures.
Presented by The Hon. I. Gilfillan, 19 November 1992, 83 signatures.

 

 


SYNOPSIS OF LEGISLATION
___________

 

ACTS INTERPRETATION (AUSTRALIA ACTS) AMENDMENT BILL

 

The purpose of this Bill is to provide that any law made before the commencement of the Australia Acts is as valid as it would have been if the Australia Acts had been in operation when the law was made.

 

Concern has been expressed that legislation passed before the Australia Acts might still be held to be invalid in respect of State legislative power to make laws having extra-territorial operation and the possibility of repugnancy to United Kingdom law. The Special Committee of Solicitors-General recommended to the Standing Committee of Attorneys-General which accepted the advice, that each jurisdiction pass legislation declaring the validity of all legislation in place at the date that the Australia Acts came into operation.

   

(August 11, September 8, October 7, 13 and November 12 - Act No. 70 of 1992)

 

CLASSIFICATION OF PUBLICATIONS (FILM CLASSIFICATION) AMENDMENT BILL

 

This Bill makes amendments to the Act which implement decisions made at the Council of Australian Governments Meeting when it was agreed to amend State and Territory classification legislation to implement a new "MA" classification by 1 May 1993.

 

This classification replaces part of the existing "M" classification. Films (including videos) at the "lower" end of the existing classification will continue to be classified "M" and be recommended for viewing by persons 15 years and over. Films considered to be unsuitable for viewing by persons under 15 years will fall into the new "MA" classification and may not be:-

 

(a)

sold, hired or delivered to persons under 15 years of age other than by a parent or guardian;

 

(b)

exhibited to persons under 15 years of age unless they are accompanied by their parent or guardian.

   

(March 10 and 24 - Act No. 27 of 1993)

 

CLASSIFICATION OF PUBLICATIONS (DISPLAY OF INDECENT MATTER) AMENDMENT BILL

 

This Bill amends section 14a of the Act in relation to the conditions that are to apply to the display of category 1 restricted publications. The amendment requires such publications either to be displayed in racks or other receptacles that prevent the display of any prescribed matter, or in opaque material (that does not depict any prescribed matter).

 

Restrictions are also placed on the manner in which category 1 restricted publications can be advertised if the advertising depicts any prescribed matter. "Prescribed matter" is defined to mean prescribed matter under section 13 of the Act, being matter (detailed in section 13) that results in a publication being classified under the Act.

   

(August 12, October 7, 14, November 11, 25, 26 and May 6 - Act No. 40 of 1993)

 

COMMERCIAL ARBITRATION (UNIFORM PROVISIONS) ACT AMENDMENT BILL

 

In 1984 the Standing Committee of Attorneys-General adopted a uniform Commercial Arbitration Bill which has now, with minor variations, been enacted in all jurisdictions.

 

The substance of this Bill has also been approved by the Standing Committee of Attorneys-General.

 

Several of the amendments are purely for the sake of uniformity.

 

An automatic right to legal representation is provided where the amount in dispute exceeds $20,000 or a prescribed amount.

 

New provisions are included to make clear that legal practitioners who are not admitted to practice in South Australia may represent parties in an arbitration.

 

Previously, only the parties, by agreement, or the court, by order, could consolidate proceedings. It is now proposed that arbitrators or umpires may themselves make orders for the consolidation of arbitration proceedings.

 

The Bill makes clear that the rules of natural justice apply where an arbitrator has attempted to settle a dispute before proceeding to arbitration.

 

Also provision is made for parties "to contract" to alternative dispute resolution mechanism rather than "contract out", as previously provided.

 

A provision is inserted which requires an arbitrator, when exercising the discretion to award costs, to take into account both the fact than an offer of compromise has been made and the term of that offer.

 

Decisions in New South Wales and Victoria tend towards the courts adopting an enlarged scope for judicial review of arbitral awards, contrary to the original intention. The Bill now specifies the circumstances in which a court may exercise its discretion to grant an application for lease to appeal.

 

Section 46 is amended to re-express the grounds on which the court must be satisfied before exercising its powers following delay by a party.

   

(September 9, October 7, 8, 13 and 29 - Act No. 64 of 1992)

 

CONTROLLED SUBSTANCES (CLASSIFICATION OF OFFENCES) AMENDMENT BILL

 

In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence.

 

In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence.

 

In 1991, the Parliament legislated a very complex and detailed package of Bills which restructured the civil and criminal courts. One of the more significant contributors to the workload of the District Court were, and are, drug offences. The package proposed to remove some of the more minor cannabis and other drug offences from the District Court into the Magistrates Court. One of the changes related to drugs other than cannabis. The change was an attempt to transfer minor non-cannabis trafficking offences from the category of a major indictable offence carrying a maximum of 25 years and/or a fine of $500,000 to the category of a minor indictable offence carrying a maximum of 5 years and/or fine of $25,000. This was proposed to be done within the existing sentencing structure of the Controlled Substances Act by reference to the amount of the drug involved in the offence.

   

(September 8 and 9 - Act No. 44 of 1992)

 

COURTS ADMINISTRATION BILL

 

This Bill represents a far-reaching, innovative and accountable system of judiciary based courts administration. The Bill establishes a statutory body, the State Courts Administration Council, with the management responsibility for the administrative affairs of the Supreme Court, District Court, Magistrates Court, Children’s Court and Coroners Court being vested in a Judicial Council. The Council which comprises the Chief Justice of the Supreme Court, the Chief Judge of the District Court and the Chief Magistrate, together with a non-voting associate member of each of these members of Council, is charged by the Bill with the responsibility of providing or arranging for the provision of the administrative facilities and services for participating courts that are necessary to enable the courts to carry out their judicial functions.

 

The "participating courts", which are the subject of the Judicial Council’s responsibility, are the Supreme Court, the District Court, the Children’s Court of South Australia, the Magistrates Court, Coroners Court, and any other prescribed court or tribunal.

 

The Council has been vested with the necessary powers to carry out the responsibilities assigned to it, including the control of a number of obligations fixed upon the Council in respect of the discharge of its duties.

 

The State Courts Administrator (the Chief Executive Officer of the Council) is to be appointed by the Governor on the nomination of the Council for a term of up to 5 years and is not a member of the Public Service.

   

(August 27, October 7, 13, February 9, 11, 16 and March 10 - Act No. 11 of 1993)

 

CRIMINAL INJURIES COMPENSATION (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes a number of amendments to the Criminal Injuries Compensation Act. An applicant for compensation will be required to notify the Crown Solicitor three months before making an application to the court.

 

The Bill introduces a new method for the calculation of the compensation under the Act. Non-financial loss (defined in the Bill to be pain and suffering, loss of amenities of life, loss of expectation of life and disfigurement) is to be assigned a numerical value on a scale running from 0-50; the greater the severity of the non-financial loss, the greater the number. The amount to be awarded for non-financial loss is to be calculated by multiplying the number assigned by $1,000. This means that the maximum amount of non-financial loss will be $50,000.

 

Section 7(9a) is expanded to include two factors not presently required to be taken into account. Section 7(9) currently requires the court to have regard to the extent to which the victim’s conduct may have contributed directly or indirectly to the commission of the offence or the victim’s injury when determining an application for and the quantum of compensation. Paragraph (c) of the clause amends this provision to make it clear that the victim’s conduct that will be relevant for this purpose need not necessarily form part of the circumstances immediately surrounding the offence or injury.

 

Section (9a) currently provides that the court must not make an order for compensation in favour of a claimant who hindered police investigations of the offence to a significant extent by failing, without good reason, to report the offence within a reasonable time or to co-operate properly with the police. This provision is widened to exclude compensation where the investigation or prosecution of the offence was not commenced or was terminated or hindered to a significant extent.

 

New section 7(14) relocates and clarifies the provision dealing with the inter-relationship of this Act and the Motor Vehicles’ Insurance provisions.

 

Provision is made for the Crown to be represented in preliminary or interlocutory proceedings or proceedings for a consent order by a person nominated by the Attorney-General.

 

The ex gratia payment provisions are expanded to allow for payment to persons ordinarily resident in this State who are injured out of the jurisdiction.

 

The Bill increases the levy payments which provide revenue to the Criminal Injuries Compensation Fund.

 

In order for the Crown to be able to settle certain matters, without seeking the approval of the Attorney-General in every case, a delegation power has been included.

   

(March 24, April 20, 22, May 4 and 6 - Act No. 48 of 1993)

 

CRIMINAL LAW (SENTENCING) (EDUCATION PROGRAMMES) AMENDMENT BILL

 

This Bill seeks to amend the Criminal Law (Sentencing) Act by providing for the approval of educational programmes for certain classes of offender.

 

The Bill provides a sentencing option to enable a court to impose a bond condition requiring a defendant to attend an educational course.

 

In the first instance it is intended to approve programmes dealing with shop stealing, domestic violence and offences under section 46 of the Road Traffic Act (driving in a manner dangerous to the public).

   

(March 23, April 20 and May 4 - Act No. 33 of 1993)

 

CRIMINAL LAW (SENTENCING) (SUSPENSION OF VEHICLE REGISTRATION) AMENDMENT BILL

 

This Bill seeks to make further amendment to the Criminal Law (Sentencing) Act 1988 to allow for the court to suspend the registration of motor vehicles registered in the name of a company where the company is in default of payment of a pecuniary sum imposed on the company in relation to an offence arising out of the use of a motor vehicle of which it is the registered owner. The offences to which the scheme will relate are those traffic offences where the owner of the vehicle, as well as the driver, is guilty of an offence, for example, parking offences, speeding offences and "red light camera" offences, but where the driver has not been named by the registered owner of the vehicle.

 

The compulsory third party insurance will also be automatically suspended until such time as the sum is fully satisfied.

 

The Registrar of Motor Vehicles will not be empowered to register any other vehicles in the name of the company until such time as the outstanding sum is fully paid.

 

The court may revoke the order for suspension if satisfied that the sum in default has been reduced and that continued suspension would result in hardship.

   

(September 9, October 7, 8, 15, 22 and November 12 - Act No. 73 of 1992)

 

CRIMINAL LAW CONSOLIDATION (APPLICATION OF CRIMINAL LAW) AMENDMENT BILL

 

This Bill represents the considered best legislative solution to the problems experienced by the Courts in relation to the territorial rule of the common criminal law and the specific problem raised in Thompson (1989) 63 ALJR 447. In this case, the High Court agreed that the location of the offence need only be proved on the balance of probabilities. This raised significant doubts as to whether that would or should have been the result if there had been a significant difference between the applicable criminal laws of the two possible criminal jurisdictions.

 

The Bill has been accepted both by the Solicitors-General and the Standing Committee of Attorneys-General, and the draft has been considered and accepted by the Committee of Parliamentary Counsel. Accordingly, it has been recommended that it be enacted in each Australian criminal jurisdiction.

   

(August 11, September 8, 9, October 13 and 29 - Act No. 63 of 1992)

 

EQUAL OPPORTUNITY (COMPULSORY RETIREMENT) AMENDMENT BILL

 

This Bill amends the Equal Opportunity Act 1984 by extending the sunset period within which compulsory retirement is allowed to remain as an exemption to the general provisions prohibiting discrimination on the basis of age in the Equal Opportunity Act.

   

(March 24, April 28, 29 and May 4 - Act No. 35 of 1993)

 

EQUAL OPPORTUNITY (EMPLOYMENT OF JUNIORS) AMENDMENT BILL

 

This Bill amends the Equal Opportunity Act to allow employers to advertise for employees at junior rates of pay. Amendments to the Equal Opportunity Act, dealing with discrimination on the ground of age, came into operation on 1 June, 1991. However, if a junior is appointed to a position and the relevant award provides for a junior rate of pay, then the employee may be paid at the junior rate of pay.

 

The amendment recognises that it is anomalous to prohibit advertising for a junior so long as junior rates of pay continue to be included in awards and provides that employers are able to advertise for juniors where the work to be performed is covered by an award or an industrial agreement, and such award or agreement contains junior rates of pay.

   

(August 12, 25, 27 and October 21 - Act No. 56 of 1992)

 

EVIDENCE (MISCELLANEOUS) AMENDMENT BILL

 

This Bill makes miscellaneous amendments to the Evidence Act 1929. Two of the amendments deal with the evidence of children. New section 12A makes it clear that where the evidence of a child has been given on oath, or assimilated to evidence given on oath, there is no rule of law or practice obliging a judge, in a criminal trial, to warn the jury that it is unsafe to convict on the uncorroborated evidence of the child.

 

The other amendment is to section 21. Section 21 provides that a close relative of a person charged with an offence is competent and compellable to give evidence for the prosecution in any proceedings in relation to the charge, but the prospective witness can apply to the court for an exemption from the obligation to give evidence. The amendment provides that if the prospective witness is a young child, or is mentally impaired, the court should consider whether to grant an exemption even though no application for exemption has been made and may proceed to grant the exemption accordingly.

 

A further amendment allows magistrates, like judges of the Supreme and District Courts, to grant orders to inspect and take copies of banking records.

 

Provision is made for courts to take evidence from a place outside the State by video link or any other form of telecommunication that the court thinks appropriate in the circumstances.

 

New section 67c protects the confidentiality of private dispute resolution except in certain circumstances.

 

Minor amendments are made to the suppression order provisions.

 

Section 351a of the Criminal Law Consolidation Act has been transferred to the Evidence Act.

   

(March 10, 24 and April 29 - Act No. 53 of 1993)

 

EVIDENCE (VULNERABLE WITNESSES) AMENDMENT BILL

 

This Bill seeks to amend the Evidence Act 1929 in accordance with the recommendations made in the White Paper on the Courtroom Environment and Vulnerable Witnesses. A "vulnerable witness" has been defined to include the young, the intellectually disabled, alleged victims of sex-related offences and others who are at some special disadvantage because of their circumstances.

 

The Bill provides that a court should order special arrangements to be made for the taking of evidence from a witness if it is practicable and desirable to do so to protect the witness from embarrassment or distress, to protect the witness from being intimidated by the atmosphere of a courtroom or for any other proper reason.

 

Examples of the kinds of orders that a court may make include -

 

an order that evidence be given outside the courtroom and transmitted to the courtroom by closed circuit television;

 

an order that a screen, partition or one-way glass be placed to obscure the witness’s view of a party to whom the evidence relates or some other person;

 

an order that the witness be accompanied by a relative or friend for the purpose of providing emotional support.

 

If, on a jury trial, a court makes special arrangements for the taking of the evidence of a witness, the judge must warn the jury not to draw from the fact any inference adverse to the defendant and not to allow special arrangements to influence the weight to be given to the evidence.

 

A court is empowered to make, vary or revoke an order on the court’s own initiative or on the application of a party or witness.

 

If evidence is to be given in criminal proceedings by a vulnerable witness, the court should, before taking the evidence, determine whether an order should be made.

   

(February 10, March 4, 9, 10, 23, April 30 and May 5 - Act No. 37 of 1993)

 

EXPIATION OF OFFENCES (DIVISIONAL FEES) AMENDMENT BILL

 

This Bill amends the Expiation of Offences Act 1987 in several ways.

 

First, it amends the definition of "responsible statutory authority" in section 3 of the Act to embrace not only the responsible Minister, or Chief Executive Officer, but also statutory authorities and local government councils who may be responsible for the administration or enforcement of relevant statutory provisions that give rise to expiable offences.

 

Secondly, clause 4 changes the scheme of the Act so that offences will be expiable under the Act where the words "expiation fee" appear at the foot of a provision of an Act or regulation. This replaces the present system whereby offences are made expiable by being designated in the Schedule to the Expiation of Offences Act.

 

The amendment also provides for divisional expiation fees, building on the existing scheme of divisional fines and imprisonment in the Acts Interpretation Act. The Bill includes other machinery amendments to the Act for the better and wider public administration and enforcement of relevant statutory provisions, as well as enabling more detailed scrutiny of these offences which will be expiable.

   

(August 18, September 9, October 29 and November 6 - Act No. 72 of 1992)

 

FINANCIAL TRANSACTION REPORTS (STATE PROVISIONS) BILL

 

A major development in the fight against organised crime has been the establishment of the Cash Transactions Reports Agency under the Commonwealth Cash Transactions Reports Act. That Act requires financial institutions and cash dealers to provide the Cash Transactions Reports Agency with reports of transactions which may be relevant to the investigation of breaches of taxation and other Commonwealth laws. The Cash Transactions Reports Agency can pass that information on to law enforcement agencies including State Police Forces.

 

This Bill conforms to the model agreed to by the Standing Committee of Attorneys-General. This legislation is designed to increase the effectiveness of the Cash Transactions Reports Agency as a law enforcement tool by enabling the State to make full use of Cash Transactions Reports information which is currently provided to the police by the Cash Transactions Reports Agency and to enable the State to access further information as may be necessary.

 

The Bill requires-

 

(a)

cash dealers to provide further information to State Police regarding offences against State law; and

 

(b)

cash dealers to report to the Director of the Cash Transactions Reports Agency on transactions which may be relevant to the investigation of offences against the law of the State or may be of assistance in the enforcement of the Crimes (Confiscation of Profits) Act.

 

The legislation also protects cash dealers against legal action in relation to the provision of that information. The reasons for preventing the bringing of proceedings against cash dealers who provide information as required by the amendments are as follows:-

 

(a)

without such protection cash dealers who comply with the reporting obligations imposed by the section will be exposed to the risk of civil suit for breach of obligations such as confidentiality to customer account holders;

 

(b)

if cash dealers are not given such protection, the objective of the legislation of ensuing the flow of reliable information to law enforcement authorities will be defeated; and

 

(c)

the section complements the existing Commonwealth legislation in that the proposed section 7 is in terms similar to the corresponding Commonwealth provisions.

   

(October 8, 20, 22 and November 12 - Act No. 74 of 1992)

 

HARBORS AND NAVIGATION

 

The Harbors and Navigation Bill provides for the administration, development and management of harbours, for safe navigation in South Australian Waters and repeals the Harbors Act 1936, the Marine Act 1936 and the Boating Act 1974. Following an extensive review of the Australian waterfront industry by the Interstate Commission in 1989, a comprehensive restructuring program implemented during 1989-90 by the Department of Marine and Harbors to support a user-pays public sector business approach and deregulation policy of the Government announced in 1987, the Department has taken the opportunity provided by these catalysts to review the Harbors, Marine and Boating Acts.

 

One of the principal objectives of the proposed Bill is to provide for the efficient and effective administration and management of South Australia and harbour facilities for the purpose of maximising their use and promoting trade.

 

This Bill will enable efficient and reliable cargo transfer facilities to be established and existing facilities to be maintained within the State’s commercial ports.

 

Another main objective of the proposed Harbors and Navigation Bill is to provide for the safe navigation of vessels in South Australian waters and to promote safe practices by those involved in commercial and recreational boating activity on the State’s navigable waters. Many of the services under the existing Marine Act, and the proposed Harbors and Navigation Bill, are derived from the Australian Transport Advisory Council Uniform Shipping Laws Code which ensures uniformity among the States and Territories in areas such as marine qualifications and surveys. This Bill includes updated provisions for certificates of competency, survey, equipment and loadline requirements, Courts of Marine Inquiry and the State Crewing Committee.

 

A section of the Harbors and Navigation Bill relates to alcohol and other drugs. The proposed Bill will provide for the safe use of South Australian waters for recreational and other aquatic activities. The Bill refers to the recreational boating fund, which is a separate fund into which all fees and charges (in relations to recreational vessels) must be paid to defray the costs of administering the Harbors and Navigation Bill in so far as it relates to recreational vessels.

   

(November 11, February 16, 17, 18, March 2, 25, May 4 and 5 - Act No. 41 of 1993)

 

LAND AGENTS, BROKERS AND VALUERS (MORTGAGE FINANCIERS) AMENDMENT BILL

 

This Bill amends the Land Agents, Brokers and Valuers Act 1973 by removing from the Act the provisions relating to mortgage financing, and consequently withdrawing access to the Agents Indemnity Fund for future clients of land agents or land brokers when their dealings are for the purpose of mortgage financing.

 

The protection of the Agents Indemnity Fund is retained for the benefit of people who currently have money placed with agents or brokers for mortgage financing investments. That protection will remain for the duration of current loans. However, the eventual effect of these amendments will be that mortgage financing schemes operated by licensed land agents or land brokers will be regulated entirely by the National Corporations Law. This will put land agents or land brokers who conduct mortgage-financing business on the same footing as anyone else who conducts this business.

   

(November 26, February 18 and March 11 - Act No. 8 of 1993)

 

LEGAL PRACTITIONERS (REFORM) AMENDMENT BILL

 

This Bill seeks to implement a number of the recommendations of the White Paper on the Legal Profession and to make various miscellaneous amendments to the Legal Practitioners Act 1981.

 

The Bill includes an amendment to section 6 of the Act which replaces the current wording of the section with a positive statement as to the fusion of the legal profession in South Australia. The amendment, however, allows for the voluntary establishment of a separate Bar. The amendment also will allow a Queen’s Counsel to choose how he or she wishes to practice. A Queen’s Counsel will be able to remain in a firm of solicitors if he or she so wishes.

 

The Bill provides that, if a complaint of overcharging is made against a legal practitioner, the Legal Practitioners Complaints Committee must, unless it is of the view that the complaint is frivolous or vexatious, investigate the complaint. The Committee is empowered to request details from the legal practitioner in its consideration of the matter and may recommend a reduction in the bill of legal costs or refund at the end of the investigation.

 

The Bill amends section 42 of the Act allowing for an agreement between client and practitioner for payment of a contingency fee.

 

The Bill also contains amendments to the provisions of the Act to impose annual reporting requirements for the Complaints Committee and the Disciplinary Tribunal, such reports to be laid before both Houses of Parliament. Provision is also made for the Attorney-General to require further information.

 

There are several amendments to the Act which are necessary as a result of matters which have been considered by the Legal Practitioners Complaints Committee.

 

Likewise, many of the miscellaneous provisions in the Bill have arisen as a result of a request by the Law Society of South Australia to amend the Act to reflect changes in the way the legal profession operates.

   

(February 10, March 2, 9, 25 and 30 - Act No. 22 of 1993)

 

LIMITATION OF ACTIONS (MISTAKE OF LAW OR FACT) AMENDMENT BILL

 

This Bill amends the Limitation of Actions Act 1936 by setting out the limitation periods applicable to actions for the recovery of money paid under a mistake of law or fact and to other actions based on restitutionary grounds. At present actions for the recovery of moneys can be instituted up to six years from the date of payment. Recovery in respect of invalid taxes will be restricted to twelve months from the date of payment while recovery of payments made under a mistake of law or fact or otherwise on restitutionary grounds can be made up to six years from the cause of action. Special provision has been made for payments of invalid tax made more than six months before the commencement of this amendment. The twelve month limitation period in respect of recovery of invalid taxes cannot be extended, and that if an action is not brought within the period, the right to recover the money is extinguished.

 

Provision is made for a limitation of action imposed by the principal Act to be regarded as a part of the substantive law of the State.

   

(March 31, April 20, May 4 and 5 - Act No. 39 of 1993)

 

LOCAL GOVERNMENT (CITY OF ADELAIDE WARDS) AMENDMENT BILL

 

This Bill provides for the repeal of the existing section 850 of the Local Government Act 1934, which provides that:

   

The wards of the city and their respective names and boundaries as they existed immediately prior to the commencement of this Act continue to be the wards, and the names and boundaries of the wards, respectively.

 
 

This section is replaced by a transitional provision to preserve the existing wards of the City of Adelaide and also to provide expressly that these wards may be altered or abolished pursuant to a proposal or recommendation under Part II of the Act including a proposal or recommendation based on a review carried out before the enactment of this measure.

 

The amendment is necessary to remove any ambiguity that the recommendations which the Local Government Advisory Commission may make in relation to ward structure can be lawfully implemented, and to prevent any possibility of a challenge to a subsequent proclamation based solely on the interpretation of section 850 as it is currently worded.

   

(August 13, 25 and October 21 - Act No. 54 of 1992)

 

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) AMENDMENT BILL

 

This Bill is part of a wider process of reform in the Local Government sector and is one of a series of reform Bills foreshadowed when the Local Government (Reform) Amendment Bill was introduced into Parliament earlier this year.

 

The changes which will be enabled by this legislation have been the subject of discussion since 1988 when the Australian Accounting Research Foundation issued a discussion paper which recommended that the accrual basis of accounting be adopted by local government and that the financial reporting regulations and practices of local government be harmonised. The discussion paper was followed, in 1989, by a draft accounting standard and in 1991 the final version of the standard was issued to take effect from 1 July, 1993.

 

The principal effect of the amendments which are proposed will be to provide the means for extending the use of the accrual basis of accounting within the Local Government sector and to require councils to prepare financial statements which provide information which is useful to those groups in the community which have an interest in these matters.

   

(October 21, November 17 and 26 - Act No. 85 of 1992)

 

MEMBERS OF PARLIAMENT (REGISTER OF INTERESTS) (RETURNS) AMENDMENT BILL

 

This Bill tightens up the situation in which Members are required to disclose connections with entities with which Members have connections of a financial nature. The Bill also picks up deficiencies identified in the Act.

 

The major amendments fall into two categories. The first category expands the requirement to disclose to include the existence of the relationships between the Member and organisations with which the Member has investments. The second category ensures that where a Member gains a financial benefit as a result of organising his or her affairs so that income is derived via a proprietary limited company, or via a trust, the Member is obliged to make the same kinds of disclosures about the company’s or trust’s income sources as an individual Member is obliged to make.

 

The purpose of the Act is to provide a safeguard whereby Members can be seen to be making full and frank disclosure of those persons and bodies with whom they have dealings, where these dealings might be seen to have a bearing on matters before Parliament.

 

The other aim of the major amendments is to ensure that any interests held by "a person related to a Member" are disclosed.

 

The Bill also requires more explicit disclosures where a Member is involved with a trust, and clarifies the situation where members are obliged to disclose gifts, and creates a parallel requirement to disclose the name of a source of benefits other than gifts.

 

Minor amendments have been made to the definition section of the Act. The deletion of the current section 4(4) means that Members will be required to furnish full information in each annual ordinary return.

   

(November 26, February 10, 16, 17, 18, March 3, 11, 23, May 4 and 6 - Act No. 64 of 1993)

 

MOTOR VEHICLES (CONFIDENTIALITY) AMENDMENT BILL

 

The Motor Vehicles Act 1959 authorises the Registrar of Motor Vehicles to maintain a Register of Motor Vehicles and a Register of Licensed Drivers. Confidential and sensitive information about individuals, such as addresses, dates of birth and medical details, and secured information about motor vehicles, such as engine numbers and vehicle identification numbers, appears on these registers.

 

The Act, as it now stands, may be construed to infer that the registers are public documents and, as such, anyone paying the search fee is entitled to peruse them. Easy access to engine numbers and vehicle identification numbers can only serve to assist the trade in stolen vehicles.

 

In practice, the registers exist only in the electronic form and are not available for public searches. The privacy of the information is safeguarded by releasing it only on a restricted basis. The guidelines for the release of information are stringent and conform with the requirements of the South Australian information privacy principles. There is some doubt as to the statutory validity of this practice. The amendment will put that beyond doubt.

   

(October 29, November 10, 11, 17 and 24 - Act No. 87 of 1992)

 

MOTOR VEHICLES (WRECKED OR WRITTEN OFF VEHICLES) AMENDMENT BILL

 

The purpose of this Bill is to amend the Motor Vehicles Act to require insurers of motor vehicles, members of the motor trade, auctioneers and private owners, to advise the Registrar of Motor Vehicles when a vehicle is wrecked or written off. The amendment will prohibit ownership transfers of a wrecked or written off motor vehicle without an inspection to verify the identity of the vehicle.

 

This proposal is aimed at reducing the incidence of stolen vehicles being registered with false identification obtained from wrecked and written off vehicles.

 

Where the Registrar has recorded a vehicle as wrecked or written off, the vehicle will be subject to an inspection if any subsequent application for transfer or re-registration is submitted. The inspection will primarily be aimed at identifying stolen vehicles which have been given a new identity by using the compliance plate or vehicle identification number from a wrecked or written-off vehicle. A secondary aim will be to ensure that any wrecked or written-off vehicle which has been repaired and is to be re-registered, is roadworthy.

   

(November 18, February 9 and 17 - Act No. 4 of 1993)

 

PARLIAMENTARY COMMITTEES (PUBLICATION OF REPORTS) AMENDMENT BILL

 

The Parliamentary Committees Act 1991 came into operation in November 1991.

 

This Bill will overcome an impediment that would otherwise arise if a committee completed a report just after the Parliament had risen for the Christmas/New Year break or the winter recess.

 

The Bill provides for the committee to present a report to the relevant Presiding Officer and for the Presiding Officer to authorise publication. This will ensure that in nearly all circumstances there need be no delay between the conclusion of an examination and the reporting and publication of this examination to the wider public arena.

   

(November 11, 17 and 26 - Act No. 79 of 1992)

 

PUBLIC CORPORATIONS BILL

 

This Bill is partly a response to problems with the State Bank, but also part of a package of reform measures directed towards commercial statutory authorities, designed to encourage better performance whilst safeguarding against the sort of failure which occurred with the Bank.

 

The Bill is designed to overarch the legislation establishing each authority, and will put in place a consistent framework of duties, responsibilities and relationships between each authority and the Government.

 

The mechanisms contained in the Bill are based on the following principles:-

 







The establishment of clear and non conflicting objectives and targets for public corporations.
An appropriate balance of Ministerial control and managerial responsibility and authority combined with a clear line of accountability from the corporation to the Minister and thence to Parliament.
Ongoing monitoring of the performance of each corporation.
An effective system of rewards and sanctions.

 

The Bill provides a comprehensive framework of duties for directors of public corporations. Whilst commercial transactions between a director and the public corporation of which he or she is a board member are not prohibited, as such transactions may be to the benefit of the corporation, the Bill requires both Ministerial approval of any such transaction and full disclosure of the fact in the corporation’s annual report, so that there is both public and Parliamentary scrutiny of such transactions.

 

The Bill also specifies clear standards for directors to fulfil their duty of care to a corporation and provides for appropriate criminal penalties in circumstances where a director is culpably negligent.

   

(November 25, February 9, 10, March 3, 25, 30, 31, April 28 and 29 - Act No. 36 of 1993)

 

ROAD TRAFFIC (MISCELLANEOUS) AMENDMENT BILL

 

This Bill deals with four separate issues:

 




Definition of "Tandem Axle Group" and "Tri-axle Group".
Police directions to drivers.
General provisions as to signals, signs and marks.
Use of Rear Vision Devices.

   

(March 9, 24 and May 4 - Act No. 32 of 1993)

 

ROAD TRAFFIC (PEDAL CYCLES) AMENDMENT BILL

 

The purpose of the Bill is to permit the shared use of designated paths and bikeways by pedal cyclists and pedestrians and to provide specific rules for them when using these areas. A bikeway is defined as a path, lane or other place physically separated from a carriageway for the use of persons riding pedal cycles or for shared use by both pedestrians and cyclists. On the other hand, a bicycle lane is one forming part of a carriageway for exclusive use by cyclists. Appropriate signs or line-marking will be used to identify bikeways and bicycle lanes. The Bill will also permit cyclists, when making a right-turn at an intersection or junction, to proceed across the intersection or junction on the left-hand side before making the turn.

 

The introduction of these measures involves a number of consequential amendments to the Act.

   

(November 25, February 9, 10, 16, 17, 18 and March 10 - Act No. 10 of 1993)

 

SOUTH AUSTRALIAN COUNTRY ARTS TRUST BILL

 

The purposes of this Bill are:-

 

(1)

to repeal the Cultural Trusts Act 1976;

 

(2)

to establish the South Australian Country Arts Trust and five Country Arts Boards and define their functions and powers;

 

(3)

to transfer the property rights and liabilities of the four existing Cultural Trusts, the Central Region Cultural Authority and the Regional Cultural Council to the South Australian Country Arts Trust; and

 

(4)

to transfer the necessary staff of the Cultural Trusts, the Central Region Cultural Authority and the Regional Cultural Council to the South Australian Country Arts Trust.

 

The Bill embodies recommendations of a review of regional arts development in South Australia contained in the Report entitled "Review of Regional Arts Development in S.A."

   

(August 13, 27, September 8, October 15 and 20 - Act No. 57 of 1992)

 

STATE BANK OF SOUTH AUSTRALIA (INVESTIGATIONS) AMENDMENT BILL

 

This Bill makes a number of technical amendments which will ensure that the Auditor-General’s investigation into the State Bank Group proceeds expeditiously. The Government is committed to allowing the Auditor-General sufficient time to complete his inquiry but is concerned at the possibility of costly and time consuming legal challenges delaying the inquiry and reporting process.

 

The Auditor-General has received correspondence from the solicitors acting for the former non-executive directors of the State Bank other than Mr Prowse, in relation to a number of matters, and particularly concerning the validity of the terms of the appointment of the Auditor-General and his ability to comply with the terms of his appointment.

 

This Bill clarifies section 25 of the State Bank of South Australia Act with respect to investigations. The Bill strikes out section 25(2) and section 25(6) and recasts them into the one subsection, 25(2). This will overcome a potential argument that there are two different investigations dealt with by section 25 for which different procedures apply.

 

The Bill introduces a provision in similar terms to that contained in the Royal Commission Act, which will ensure that the acts and proceedings of the Auditor-General’s investigation are not liable to be reviewed or restrained. The Full Court has recently explained the requirements upon the Auditor-General in the conduct of his inquiry in order to afford natural justice to those who may be criticised in the report. The Auditor-General will comply with these requirements.

 

The Bill also ensures that authorisations made by the Auditor-General will be taken to have been properly made; there has been a suggestion that the existing authorisations are technically defective.

 

The other matters addressed by the Bill are a number of amendments designed to clarify the Auditor-General’s powers.

   

(November 24, 25 and 26 - Act No. 86 of 1992)

 

STATUTES AMENDMENT (ATTORNEY-GENERAL’S PORTFOLIO) BILL

 

This Bill makes a number of amendments to the two Acts within, or relevant to, the Attorney-General’s portfolio.

 

The Director of Public Prosecutions Act is amended to allow for the Director of Public Prosecutions to delegate powers or functions to any suitable person.

 

An amendment to the Jurisdiction of Courts (Cross-Vesting) Act alters the provisions that govern the transfer of special federal matters from the Supreme Court to the Federal Court.

 

Under the proposed amendment the Supreme Court will be required to transfer the proceeding unless satisfied that there are special reasons (other than the convenience of the parties) in the particular circumstances of the case that justify the Supreme Court determining the proceeding. The power of the Commonwealth Attorney-General to request the transfer of proceedings is removed. Ancillary provisions are also inserted that require notice to be given to the State and Commonwealth Attorneys-General before the Court orders that the proceedings not be transferred.

 

A consequential amendment is also made as a result of an amendment of the parallel Commonwealth Act whereby certain adoption of children proceedings will be made special federal matters for transfer to the Family Court.

 

Section 93 of the Motor Vehicles Act is amended to require courts to notify the Registrar of Motor Vehicles of offences which have been committed contrary to the Motor Vehicles Act or the Road Traffic Act.

 

An amendment is made to section 143 of the Real Property Act to eliminate the need for a duplicate instrument to be produced to the Lands Titles Office for the purpose of registering a discharge.

   

(March 31, April 20, 23 and May 4 - Act No. 34 of 1993)

 

STATUTES AMENDMENT (COMMERCIAL LICENCES) BILL

 

This Bill amends a number of Acts which confer jurisdiction on the tribunal to make uniform changes to the uniform scheme adopted for each occupation. The changes are related to the suspension of licensees. It is proposed that the requirement to advertise suspensions for non-payment of annual fees be removed and replaced with a requirement that the Commercial Registrar advertise disciplinary action taken against licensees which affects the status of their licences. The opportunity has also been taken to clarify the effect of suspension - to make clear that a suspended licensee, as well as one whose licence has been cancelled, may not legally trade.

   

(August 12, 20, 25 and October 21 - Act No. 55 of 1992)

 

STATUTES AMENDMENT (COURTS) BILL

 

This Bill contains various amendments to the legislation which was enacted in 1991 to restructure the court system and improve efficiencies in the courts. The Bill also contains some minor amendments to the recently enacted provisions of the Summary Procedure Act relating to summary protection orders.

 

The Supreme Court Act is amended as the first step in developing procedures to eliminate the premature commencement of proceedings. Similar amendments are made to the District Court Act and the Magistrates Court Act, and section 35(a) of the Wrongs Act.

 

The second amendment to the Supreme Court Act is to make clear that the public is entitled to have access to the Judge’s direction to the jury in a criminal trial and to the other listed items.

 

The District Court Act is amended to make provision for some other form of service when personal service has proved impractical.

 

Section 51 of the District Court Act is amended to enable the District Court to make rules imposing obligations for disclosure on parties prior to trial.

 

Several "housekeeping" amendments are made to the Magistrates Court Act.

 

The Bail Act is amended to provide that persons who do not obey a witness summons and who have been arrested as a consequence can be bailed.

 

Other amendments are made to the Criminal Law Consolidation Act, the Enforcement of Judgments Act, the Oaths Act, the Summary Procedure Act, the Unclaimed Goods Act and the Wrongs Act.

   

(March 31, April 20 and May 4 - Act No. 62 of 1993)

 

STATUTES AMENDMENT (EXPIATION OF OFFENCES) BILL

 

This Bill contains amendments consequential to the amendments to the Expiation of Offences Act. The Bill amends certain Acts by inserting at the foot of each provision referred to, a divisional expiation fee. Some of the offences referred to have already been expiable under the Act, while others are newly inserted.

 

Regulatory offences under the Business Franchise (Petroleum Products) Act 1979, the Food Act 1985, the National Parks and Wildlife Act 1972 and the Noise Control Act 1976 are to be included as expiable offences for the purposes of the Act. Offences relating to declared "dry areas" under the Liquor Licensing Act 1985 are to be included as expiable offences.

   

(August 18, September 9, 10 and October 29 - Act No. 71 of 1992)

 

STATUTES AMENDMENT (MOTOR VEHICLES AND WRONGS) BILL

 

This Bill amends the Motor Vehicles Act 1959 to extend indemnification for third party death or injury to a passenger in or on a motor vehicle who may cause death or bodily injury by some act or omission in relation to a motor vehicle.

 

There are also a number of amendments to the Act which are consequential to the amendments extending third party insurance cover to passengers. As a part of these, amendments are made to allow recovery against the nominal defendant in respect of an unidentified vehicle where the person liable is the driver, the owner or a passenger.

 

SGIC has, in addition, requested certain miscellaneous amendments to the Act and the Wrongs Act 1936.

   

(November 11, February 9, 10 and 17 - Act No. 5 of 1993)

 

STATUTES AMENDMENT (RIGHT OF REPLY) BILL

 

At common law, the accused (or his or her counsel) does not have the right to address the jury (the right of reply) after the prosecution has finally addressed the jury unless the accused has called no evidence other than evidence of character. Section 20 of the Evidence Act provides that the defence also does not lose the right of reply where the accused is called as a witness. In all other cases, the prosecution addresses the jury last.

 

After a great deal of consultation with the legal profession and the Director of Public Prosecutions, it has been decided to provide that the accused always has the right of reply. In the course of consultation, this view was reinforced by the recommendation made by the judges of the Supreme Court in their last Annual Report to the same effect.

   

(October 21, November 10 and 17 - Act No. 76 of 1992)

 

SUMMARY OFFENCES (ROAD BLOCKS) AMENDMENT BILL

 

This Bill amends the Summary Offences Act 1953 so that the police will be able to use road blocks to facilitate the apprehension of persons illegally using motor vehicles.

 

Section 74b(2) of the Summary Offences Act allows the police to establish road blocks in order to apprehend a person suspected of having committed a major offence or who has escaped from lawful custody. "Major offence" is defined as an offence attracting a penalty of life imprisonment or imprisonment for at least seven years. The maximum penalty for using a motor vehicle without the owner’s consent is two years for a first offence and imprisonment of not less than three months and not more than four years for a subsequent offence.

 

The Police Commissioner has reported that the establishment of appropriate road blocks is one of the most apparent and basic means of assisting in stopping and apprehending persons illegally using a motor vehicle.

 

Accordingly, this Bill inserts into the definition of "major offence" an offence against section 86a(1) of the Criminal Law Consolidation Act 1935 which deals with using a motor vehicle without consent.

   

(August 11, 25, 27 and October 21 - Act No. 53 of 1992)

 

SUMMARY PROCEDURE (SUMMARY PROTECTION ORDERS) AMENDMENT BILL

 

This Bill amends the Summary Procedure Act 1921 by three distinct amendments to the provisions relating to restraint orders issued pursuant to section 99 of the Summary Procedure Act. The amendments provide for:-

 

(a)
(b)
(c)

applications for restraint orders to be made by telephone outside of normal court hours;
the recognition and enforcement of restraint orders granted in other States;
the making of orders concerning disposal of firearms and cancellation of or variation to firearms licences.

 

The first amendment will enable the police attending at such a scene as domestic violence at night, to apply to a court which will in practice consist of a magistrate rostered on duty for such emergency applications, for the grant of a restraint order. The application may be made by any telecommunications device and the magistrate must satisfy himself/herself as to the officer’s identity and must then satisfy himself/herself that it is an appropriate case for the granting of an order.

 

If the magistrate decides to make an order, having spoken to the relevant people at the scene, the magistrate will dictate the terms of the order over the telephone to the police officer. The police officer will complete a pre-printed form in accordance with the magistrate’s directions. This completed form then has the status of a court summons and order, and can be served on the respondent.

 

The amendment seeks to address the difficulties faced by police and victims in the past in that an order is not enforceable until it has been served on the respondent. In the case of telephone orders, by ensuring that if the respondent refuses to remain at the premises voluntarily, he/she can be detained until the telephone application for a restraint order has been finalised. The restrain order will still be subject to confirmation by a court hearing pursuant to section 99(4).

 

The second amendment enables the registration of restraint orders obtained under equivalent legislation in other States in South Australian courts and will enable the enforcement of these order in this State.

 

The third amendment has been made in response to recommendations of both the South Australian Domestic Violence Council and the National Committee on Violence. The amendment empowers the court to make orders concerning a respondent’s possession of firearms and of a firearms’ licence and further empowers the court to specify the conditions upon which the respondent can hold a firearms’ licence.

   

(August 11, 25, 27, September 8, 10, October 29 and November 6 - Act No. 75 of 1992)

 

TRADE MEASUREMENT BILL

 

This Bill has two key purposes. First, it simplifies and modernises current State laws relating to trade measurement and packaging contained in the Trade Measurements Act 1971 and the Packages Act 1967. The new legislation is a response to changes in technology and the marketplace and will establish an appropriate legal framework for trade measurement administration as we approach the Twenty-First Century. Secondly, it brings a step closer the objective of nationally uniform laws relating to trade measurement and packaging by enacting the model uniform trade legislation in this State.

 

The Trade Measurement Bill regulates the use of measuring instruments for trade, transactions by measurement, requirements for pre-packed articles, the licensing of private sector firms to service instruments and certify their accuracy, the licensing of public weighbridge operators and the powers of inspectors.

   

(March 30, April 28, 30, May 4 and 5 - Act No. 42 of 1993)

 

TRADE MEASUREMENT ADMINISTRATION BILL

 

The Trade Measurement Administration Bill provides for the administration of the Trade Measurement Bill in South Australia. The Administration Bill is not required to be uniform with other States.

 

The Administration Bill specifies that the Commissioner for Consumer Affairs shall be the administering authority and the licensing authority for the purposes of the principal Act, and that the Commercial Tribunal shall be the appeals tribunal in relation to decisions of the licensing authority.

 

The Administration Bill contains clauses which provide for the introduction of fees for the verification and re-verification of instruments as apply in other jurisdictions.

 

The Bill also repeals existing legislation, namely, the Trade Measurements Act 1971 and the Packages Act 1967.

   

(March 30, May 4 and 5 - Act No. 43 of 1993)

 

WHISTLEBLOWERS PROTECTION BILL

 

The object of this Act is to facilitate the disclosure, in the public interest, of maladministration and waste in the public sector and of corrupt or illegal conduct generally.

 

The effect of the Bill will be to enact a regime of protection for those who disclose public interest information in the public interest, which is in addition to any other protection that the law may supply.

 

The Bill does not require a whistleblower to go to an appropriate authority, but it encourages them to do so. It protects the confidentiality of their identity, but it requires them to co-operate with any official investigating authority. The Bill seeks to leave the investigation of disclosures and the administrative protection of whistleblowers to such bodies as the Police Complaints Authority, the Auditor-General, the police and the Anti-Corruption Branch and the Equal Opportunity Commissioner. The protections involve immunity from criminal and civil action and the right to seek redress for victimisation under the Equal Opportunity Act.

   

(November 26, February 17, 18, March 2, 3, 4, 9, 10, 25 and 30 - Act No. 21 of 1993)

 

 

 


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