[SOUTH AUSTRALIA]

No. 14

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 17 NOVEMBER 1999

Council met pursuant to adjournment. The President (The Hon. J. C. Irwin) took the Chair.

The President read prayers.

Meeting of

Council.

The following Papers were laid upon the Table, viz.:

By the President (The Hon. J. C. Irwin) -

South Australian Ombudsman Report, 1998-99.

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

Reports, 1998-99 -

Chiropractors Board of South Australia.

Nurses Board of South Australia.

Occupational Therapists Registration Board of South Australia.

Pharmacy Board of South Australia.

South Australian Psychological Board.

The Physiotherapists Board of South Australia.

Papers.

The Hon. A. J. Redford brought up the Eighth Report, 1999-2000 of the Legislative Review Committee, which was read by the Clerk as follows:-

The Regulation listed hereunder is at present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for a Notice of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

Honourable Members are warned that after consideration has been given to the Regulation, the Committee may decide to take no further action.

Regulation referred to:

Electricity Act 1996 - Industry Regulator.

Legislative

Review

Committee -

Eighth Report,

1999-2000.

The Hon. A. J. Redford brought up the Ninth Report, 1999-2000 of the Legislative Review Committee.

Legislative

Review

Committee -

Ninth Report,

1999-2000.

The Hon. A. J. Redford brought up the Report of the Legislative Review Committee concerning a By-law made under the Local Government Act 1934 by the Adelaide Hills Council being By-law No. 16 - Bird Scarers.

Legislative Review Committee -

Report on By-law

No. 16 of the

District Council of Adelaide Hills

re Bird Scarers.

The Minister for Transport and Urban Planning tabled a copy of a Ministerial Statement made by the Minister for Environment and Heritage (The Hon. D. C. Kotz, M.P.) concerning a Commitment to Container Deposit Legislation.

Paper Tabled.

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

Statements

on Matters

of Interest.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday next.

Postponement

of Business.

The Hon. R. R. Roberts, pursuant to notice, moved - That the Supplementary Report of the Auditor-General, 1998-99, on Civil Proceedings for Defamation against Ministers of the Crown (Payment of Damages and Costs from Public Funds), be noted.

And the Hon. R. R. Roberts having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

Supplementary

Report of the

Auditor-General,

1998-99 on Civil Proceedings for Defamation against Ministers of the Crown (Payment of Damages and Costs from

Public Funds).

10.

The Hon. A. J. Redford, pursuant to notice, moved - That the Report of the Legislative Review Committee on By-law No. 16 of the District Council of Adelaide Hills in relation to Bird Scarers, be noted.

Debate ensued.

Question put and passed.

Legislative Review Committee -

Report on By-law

No. 16 of the

District Council of Adelaide Hills re

Bird Scarers

to be noted -

Motion re.

11.

Ordered - That Notice of Motion (Private Business) No. 5 be postponed and taken into consideration after Order of the Day (Private Business) No. 17.

Postponement

of Business.

12.

The Hon. J.S.L. Dawkins, pursuant to notice, moved - That the Report of the Environment, Resources and Development Committee on Mining Oil Shale at Leigh Creek, be noted.

On motion of the Hon. M. J. Elliott, the debate was adjourned and ordered to be resumed on motion.

Environment, Resources and Development Committee -

Report on Mining

Oil Shale at

Leigh Creek to be noted –

Motion re.

13.

The Hon. M. J. Elliott, pursuant to notice, moved -

I. That in the opinion of this Council, a Joint Committee be appointed to inquire into and report on all matters relating to the Hindmarsh Soccer Stadium Redevelopment Project, and in particular -

(a) Whether there was due diligence by Government representatives prior to the signing of agreements for construction of Stages 1 and 2 of the Project;

(b) Whether due diligence was applied subsequent to the commitment to Stages 1 and 2, including whether the Crown Solicitor’s advice as described on page 12 of the
33rd Report of the Public Works Committee, August 1996, was adhered to;

(c) (i) Whether undue pressure was placed on individuals leading to legal commitment by them on behalf of sporting clubs or associations; and

(ii) The present status of all relevant deeds of guarantee or other legal documents, the financial status of the signatories and whether the legal agreements have created financial difficulty for any non-Government persons or organisations;

(d) Whether there were any conflicts of interest or other imprudent or improper behaviour by any person or persons, Government or non-Government, involved with the project and whether the appropriate processes were followed in relation to the -

(i) planning stages of the project;

(ii) awarding and monitoring of consultancies;

(iii) tendering process;

(iv) letting of contracts;

(v) construction of the Stadium; and

(vi) ongoing management of the Stadium; and

(e) Any other related matters.

Hindmarsh

Soccer Stadium Redevelopment

Project -

Motion for Joint Committee.

II. The Committee be requested to include in its Report, recommendations for Government and the Parliament where appropriate.

III. That in the event of the Joint Committee being appointed, the Legislative Council be represented thereon by three Members, of whom two shall form a quorum of Council Members necessary to be present at all sittings of the Committee.

IV. That the Joint Committee be authorised to disclose or publish, as it thinks fit, any evidence or documents presented to the Joint Committee prior to such evidence and documents being reported to the Parliament.

V. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Joint Committee is examining witnesses unless the Joint Committee otherwise resolves, but they shall be excluded when the Joint Committee is deliberating.

VI. That a Message be sent to the House of Assembly transmitting Parts I, II, III and IV and requesting its concurrence thereto and advising the House of Assembly of Part V of this Resolution.

On motion of the Hon. C. V. Schaefer, the debate was adjourned and ordered to be resumed on motion.

14.

Ordered - That Notices of Motion (Private Business) No. 8 and No. 9 be postponed and taken into consideration after Notice of Motion (Private Business) No. 10.

Postponement

of Business.

15.

Ordered - That Notice of Motion (Private Business) No. 10 be postponed and taken into consideration after Order of the Day (Private Business) No. 2.

Postponement

of Business.

16.

The Hon. T. G. Cameron, pursuant to notice, moved -

I. That a Select Committee of the Legislative Council be appointed to investigate and report upon the financial activities which lead to the collapse of G. C. Growden Pty. Ltd. (Mortgage Investments), the financial and legal implications for the investors involved and any other related matter.

II. That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and that Standing Order No. 389 be so far suspended as to enable the Chairperson of the Committee to have a deliberative vote only;

III. That this Council permits the Select Committee to authorise the disclosure or publication, as it thinks fit, of any evidence or documents presented to the Committee prior to such evidence being reported to the Council;

IV. That Standing Order No. 396 be suspended to enable strangers to be admitted when the Select Committee is examining witnesses unless the Committee otherwise resolves, but they shall be excluded when the Committee is deliberating.

Collapse of

G. C. Growden

Pty. Ltd.-

Motion for Select Committee on.

On a point of Order being called the President made the following Statement:

“The House has a fundamental right and duty to consider any matter if it is thought to be in the public interest. However, in the case of a matter awaiting or under adjudication in a court of law, the House imposes a restriction upon itself to avoid setting itself up as an alternative forum to the court and to ensure that its proceedings are not permitted to interfere with the course of justice.

The rule is clear that the application of the sub judice rule is subject always to the discretion of the Chair and the right of the House to legislate on any matter.

In exercising the discretion I have referred to, the Chair must make a decision which takes into account the inherent right of the House to inquire into and debate a matter of public importance which is within the responsibility of Ministers and also the need to ensure that proceedings before a court are not prejudiced by comment in the House which might influence a jury or prejudice a position of parties and witnesses.

I ask that the Honourable Member does not unwittingly risk injustice by comments he makes which might have an influence on the case before the courts.”

And the Hon. T. G. Cameron, having obtained leave to conclude his remarks, the debate was adjourned until Wednesday next.

President’s

Statement:

Sub Judice

Rule.

17.

The Hon. T. G. Cameron, pursuant to notice, moved - That the Members of Parliament (Register of Interests) (Returns) Amendment Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

Question put and passed.

Ordered - That the Committee stages be an Order of the Day for Wednesday next.

Members of

Parliament

(Register of

Interests)

(Returns)

Amendment Bill.

18.

Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday next.

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the Treasurer, under section 32 of the Public Finance and Audit Act 1987, requests that the Auditor-General examines and reports on dealings related to the Hindmarsh Soccer Stadium Redevelopment Project and, in particular -

I. Whether there was due diligence by Government representatives prior to the signing of agreements for construction of Stages 1 and 2 of the Project.

II. Whether due diligence was applied subsequent to the commitment to Stages 1 and 2, including whether the Crown Solicitor’s advice as described on page 12 of the
33rd Report of the Public Works Committee, August 1996, was adhered to.

III. (a) Whether undue pressure was placed on individuals leading to legal commitment by them on behalf of sporting clubs or associations.

(b) The present status of all relevant deeds of guarantee or other legal documents, the financial status of the signatories and whether the legal agreements have created financial difficulty for any non-Government persons or organisations.

IV. Whether there were any conflicts of interest or other imprudent or improper behaviour by any person or persons, Government or non-Government, involved with the project, and whether the appropriate processes were followed in relation to -

(a) the planning stages of the project;

(b) the awarding and monitoring of consultancies;

(d) the letting of contracts;

(e) the construction of the Stadium; and

(f) the ongoing management of the Stadium.

V. The Auditor-General be requested to include in his Report recommendations for Government and the Parliament where appropriate.:

Debate resumed.

Question - That the motion be agreed to - put.

Committee divided:

Hindmarsh

Stadium Redevelopment

Project -

Auditor-General

to Examine -

Motion re.

Ayes, 11.

The Hon. I. Gilfillan

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. M. J. Elliott (Teller)

Noes, 9.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. T. G. Cameron (Teller)

So it was resolved in the affirmative.

20.

The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to prohibit the establishment of a nuclear waste storage facility in South Australia, and for other purposes.

Question put and passed.

Bill introduced and read a first time.

The Hon. S. M. Kanck then moved - That this Bill be now read a second time.

And the Hon. S. M. Kanck having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

Nuclear Waste

Storage Facility (Prohibition) Bill.

21.

At six o’clock the sitting was suspended until the ringing of the bells.

At fifteen minutes to eight o’clock the sitting was resumed.

Suspension and

Resumption of

Sitting.

22.

Ordered - That the adjourned debate on the question - That the Nuclear Waste Facility (Prohibition) Bill be now read a second time - be now resumed.

Debate resumed.

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

Nuclear Waste

Storage Facility (Prohibition) Bill.

23.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 17, Notices of Motion (Government Business) No. 1 to No. 7 and Orders of the Day (Government Business) No. 1 to No.18 be postponed and taken into consideration after Order of the Day (Government Business)
No. 19.

Postponement

of Business.

24.

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

Debate resumed.

Question put and passed.

Bill read a second time.

The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the consideration of the Bill.

Statutes

Amendment

(Electricity)

Bill.

In the Committee

Clauses No. 1 to No. 20 agreed to.

Title agreed to.

_____________________

The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same without amendment, whereupon the Council adopted such report.

The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

25.

Ordered - separately - That Orders of the Day (Private Business) No. 3 and No. 4 be Orders of the Day for Wednesday next.

Postponement

of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
S. M. Kanck -

I. That a Select Committee be appointed to inquire into the future of the Queen Elizabeth Hospital with particular reference to -

(a) the demographic pressures for removing, reducing or expanding services;

(b) the financial constraints on retaining or expanding services, including past and present levels of capital and recurrent funding;

(c) the current availability of obstetric and gynaecological, cardiac, renal and accident and emergency services, and the impact on residents of the north-western suburbs of reducing such services;

(d) transport from the north-western suburbs to Lyell McEwin Hospital;

(e) methods of consultation used by the Health Commission in relation to determining the future of services; and

(f) any other related matter.

II. That Standing Order No. 389 be suspended as to enable the Chairperson of the Committee to have a deliberative vote only.

Future of Queen Elizabeth Hospital -

Motion for Select Committee.

Debate resumed.

The Minister for Transport and Urban Planning moved to amend the motion in Paragraph I, after “That”, by leaving out “a Select Committee be appointed to inquire into” and inserting the words “the Social Development Committee investigate and report on” and by leaving out Paragraphs II to IV.

Question - That the amendments moved by the Minister for Transport and Urban Planning be agreed to - put and negatived.

Question - That the motion moved by the Hon. S. M. Kanck be agreed to - put and passed.

The Hon. S. M. Kanck moved - That the Select Committee consist of the J.S.L. Dawkins, the Hon. J. F. Stefani, the Hon. G. Weatherill, the Hon. C. Zollo and the mover.

Question put and passed.

The Hon. S. M. Kanck moved - That the Select Committee have power to send for persons, papers and records, to adjourn from place to place and to report on Wednesday,
5 April 2000.

Question put and passed.

Select Committee Apppointed.

27.

Ordered - separately - That Orders of the Day (Private Business) No. 6 to No. 8 be Orders of the Day for Wednesday next.

Postponement

of Business.

28.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
T. G. Roberts - That this Council -

I. Calls on the Federal Government to take those steps required to counter the destabilisation of the ungoverned province of East Timor in the lead up to independence.

II. Commends the United Nations for the establishment of an international inquiry into gross human rights violations and atrocities in East Timor.

III. Calls on the United Nations to -

(a) organise an immediate United Nations supervised repatriation of East Timorese refugees from West Timor and other parts of Indonesia; and

(b) demand the immediate withdrawal of all Indonesian military and militia personnel from East Timor.

IV. Calls on the United Nations and the Australian Government to -

(a) urgently increase the emergency release of food and other humanitarian supplies to refugees in remote areas of East Timor to prevent starvation; and

(b) urge all governments, the World Bank and the IMF to ensure that economic assistance to Indonesia supports democratic and economic reform.

V. Commends the Australian Government for providing sanctuary to East Timorese refugees.

VI. Calls on the Australian Government to -

(a) expand that sanctuary to East Timorese refugees who are being targeted by the Indonesian military and militias;

(b) suspend military co-operation with Indonesia;

(d) thank the East Timorese people for their great sacrifice and support during World War II and to make an official apology for the 25 years of betrayal; and

(e) make a commitment to assisting reconstruction in East Timor.:

Debate resumed.

The Hon. I. Gilfillan moved to amend the motion in Paragraph III by inserting new paragraphs as follow:

“(c) demand that Indonesia ceases all military and militia activity that is being directed against East Timorese independence activists and refugees who are trapped in West Timor and other parts of Indonesia; and

(d) warn Indonesia that the United Nations will organise a boycott of all military co-operation with the TNI unless this harassment and terror are immediately stopped.”

The Hon. I. Gilfillan moved to amend the motion in Paragraph IV after paragraph (a) by inserting new paragraph (ab) as follows:

“(ab) urge all governments, the World Bank and the IMF to ensure that urgent economic assistance will be given to East Timor to assist in its redevelopment and reconstruction to promote recovery from the 24 years of slaughter and destruction and to request that the assistance will be in the form of grants; and”.

The Hon. I. Gilfillan moved to amend the motion in Paragraph VI by leaving out paragraph (a) and inserting new paragraph (a) as follows:

“(a) expand that sanctuary to East Timorese refugees who are being targeted by the Indonesian military and militias and to those refugees who have recently come to Australia whose homes have been destroyed and for whom an early return to their homeland at the beginning of the monsoon season without adequate shelter will cause further undue hardship and suffering;”.

The Hon. I. Gilfillan moved to amend the motion after Paragraph VI by inserting new Paragraph VII as follows:

East Timor -

Motion re.

“VII. That this Resolution be forwarded to the Prime Minister and the Minister for Foreign Affairs.”

On motion of the Hon. P. Holloway, the debate was adjourned and ordered to be resumed on motion.

29.

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

Debate resumed.

Question put and passed.

Environment, Resources and Development Committee -

Report on Rail

Links with the

Eastern States -

Motion re.

30.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
C. V. Schaefer - That the Report of the Social Development on an Inquiry into the Voluntary Euthanasia Bill 1996, be noted:

Debate resumed.

On motion of the Hon. P. Holloway, the debate was adjourned and made an Order of the Day for Wednesday next.

Social Development Committee - Report

on an Inquiry into the Voluntary Euthanasia Bill 1996 to be noted -

Motion re.

31.

Ordered - That Order of the Day (Private Business) No. 12 be an Order of the Day for Wednesday next.

Postponement

of Business.

32.

Ordered - That Order of the Day (Private Business) No. 13 be an Order of the Day for next day of sitting.

Postponement

of Business.

33.

Ordered - That Order of the Day (Private Business) No. 14 be an Order of the Day for Wednesday next.

Postponement

of Business.

34.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. P. Holloway -

I. That the Legislative Council notes -

(a) the complete failure of Primary Industries and Resources SA to fairly and equitably manage the allocation of rock lobster pot licences; and

(b) the subsequent investigation by the South Australian Ombudsman into alleged anomalies in the allocation process.

II. That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon all aspects of the process of allocation of rock lobster pot licences.

Which the Hon. C. Zollo moved to amend by leaving out paragraph II and inserting new paragraph as follows:

“II. That this Legislative Council therefore calls on the Legislative Review Committee to investigate and report upon the Fisheries (General) Regulations 1984 and their application to the allocation of recreational rock lobster pot licences.”:

Debate resumed.

Question - That Paragraph II stand part of the motion - put and negatived.

Question - That new Paragraph II, as proposed to be inserted by the Hon. C. Zollo, be so inserted - put and passed.

Question - That the motion, as moved by the Hon. P. Holloway, and as amended by the Hon. C. Zollo, be agreed to - put.

Council divided:

Allocation of

Rock Lobster

Pot Licences -

Motion re.

Ayes, 10.

The Hon. T. G. Cameron

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. S. M. Kanck

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

Noes, 8.

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. J. F. Stefani

The Hon. C. V. Schaefer (Teller)

So it was resolved in the affirmative.

35.

On the Order of the Day being read for the adjourned debate on the question - That the Gambling Industry Regulation Bill be now read a second time:

Debate resumed.

_____________________

And it being twelve of the clock:

THURSDAY 18 NOVEMBER 1999

_____________________

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

Gambling

Industry

Regulation Bill.

36.

Ordered - That Order of the Day (Private Business) No. 17 be an Order of the Day for next day of sitting.

Postponement

of Business.

37.

Ordered - That Notice of Motion (Private Business) No. 5 be an Order of the Day for Wednesday next.

Postponement

of Business.

38.

Ordered - That Notices of Motion (Government Business) No. 1 to No. 6 be Orders of the Day for next day of sitting.

Postponement

of Business.

39.

The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Southern State Superannuation Act 1994.

Question put and passed.

Bill introduced and read a first time.

The Treasurer then moved - That this Bill be now read a second time.

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

Southern State Superannuation (Salary)

Amendment Bill.

40.

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

Postponement

of Business.

41.

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

Message No. 20

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Building Work Contractors Act 1995, to which it desires the concurrence of the Legislative Council.

House of Assembly, 17 November 1999. J.K.G. OSWALD, Speaker.

Bill read a first time.

Ordered - That the second reading be an Order of the Day for next day of sitting.

Messages from

House of

Assembly:

Building Work Contractors (GST) Amendment Bill.

Message No. 21

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to repeal the Carriers Act 1891, without any amendment.

House of Assembly, 17 November 1999. J.K.G. OSWALD, Speaker.

The Carriers Act Repeal Bill.

42.

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

Next Day

of Sitting.

43.

Council adjourned at twenty-one minutes to one o’clock until today at eleven o’clock a.m.

Adjournment.

_________________________

Members present during any part of the sitting:

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. N. Xenophon

The Hon. C. Zollo