SOUTH AUSTRALIA]
No. 1
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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FIRST SESSION OF THE FIFTIETH PARLIAMENT
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TUESDAY 5 MARCH 2002
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Council met pursuant to Proclamation published in the Government Gazette of 21 February 2002. At eleven o’clock in the forenoon, the Clerk of the Legislative Council read the Proclamation, as under:
Proclamation By The Governor
(L.S.) Marjorie Jackson-Nelson
PURSUANT to the Constitution Act 1934 and with the advice and consent of the Executive Council, I:
1. Fix 11.00 a.m. on Tuesday, 5 March 2002, as the time for holding the first session of the Fiftieth Parliament. 2. Declare that the place for holding the Parliament will be the building known as Parliament House, at North Terrace, Adelaide. 3. Alter the period of prorogation of the Parliament of South Australia fixed by proclamation made by me on 15 January 2002 so as to expire at the time fixed by clause 1. 4. Summon the Parliament to meet for the dispatch of business at the time and place stated above and require all honourable members of the Legislative Council and the House of Assembly and all officers of the Parliament to give their due attendance accordingly.
Given under my hand and the Public Seal of South Australia, at Adelaide, 21 February 2002.
By command, Mark Brindal, for Premier.
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Meeting
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The Commissioners appointed by the Governor to open the present Session of Parliament (the Hon. John Jeremy Doyle, Chief Justice and the Hon. John William Perry, a Judge of the Supreme Court of South Australia) were announced by Black Rod and conducted to the chairs on the dais. The Senior Commissioner produced and handed to the Clerk, Commissions from Her Excellency the Governor to do all things necessary in relation to the opening of the Parliament. The Senior Commissioner then desired Black Rod to request the attendance of the Members of the House of Assembly to hear the Commissions to open the present Session of Parliament read: Who, being come: The Senior Commissioner desired the Clerk to read the Commissions, which were read as follow: |
The |
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South Australia ( to wit ( Her Excellency the Governor of the State of South Australia (L.S.) M. JACKSON-NELSON (
To The Honourable John Jeremy Doyle, Chief Justice of the State of South Australia, The Honourable John William Perry, a Judge of the Supreme Court of South Australia.
Greetings: I, the Governor, with the advice and consent of the Executive Council, appoint you to be Commissioners to do all things necessary to be performed by me, in the name and on the part of Her Majesty the Queen, or in my name or on my part as Governor, in relation to the opening and holding of the first session of the Fiftieth Parliament of South Australia. Given under my hand and the public seal of South Australia, at Adelaide, this 21st day of February, 2002. By command, Mark Brindal, for Premier.
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The Senior Commissioner then said - Honourable Members of the Legislative Council and Members of the House of Assembly: We have it in command from Her Excellency the Governor to let you know that she will in person, in this place, declare the reasons for her calling the Parliament together so soon as the new Members of the Legislative Council and the Members of the House of Assembly have been sworn and the two Houses have respectively notified to her that they have elected their President and Speaker. The Senior Commissioner appointed to swear Members of the House of Assembly (the Hon. John Jeremy Doyle, Chief Justice) retired.
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3. |
The Commissioner then produced a Commission from Her Excellency the Governor appointing the Hon. John William Perry to be a Commissioner for administering to any Member of the Legislative Council the Oath of Allegiance to Her Majesty Queen Elizabeth the Second, or for receiving an Affirmation in lieu thereof. Commission read by the Clerk as follows: |
Commission |
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South Australia ( to wit ( Her Excellency the Governor of the State of South Australia (L.S.) M. JACKSON-NELSON (
To The Honourable John William Perry, a Judge of the Supreme Court of South Australia.
Greeting: Pursuant to the Constitution Act, 1934, I, the Governor, with the advice and consent of the Executive Council, do hereby authorise you to administer to members of Parliament of the State who are members of the Legislative Council the oath hereunder set out, or to receive from all or any of such members an affirmation in lieu of that oath. I, , do swear that I will be faithful and bear true allegiance to Her Majesty, QUEEN ELIZABETH the SECOND, Her Heirs and Successors according to law. So help me God! Given under my hand and the public seal of South Australia, at Adelaide, this 21st day of February 2002. By command, Mark Brindal, for Premier.
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The Clerk produced a Writ for the election of eleven Members to serve in the Legislative Council, with the Returns duly endorsed thereon, by which it appeared that the following persons had been elected to fill the vacancies in the Legislative Council pursuant to the provisions of the Constitution Act 1934, that is to say - Robert David Lawson, Gail Gago, Caroline Veronica Schaefer, Paul Holloway, Angus John Redford, Terance Gerald Roberts, John David Wickham Ridgway, Terence John Stephens, Sandra Myrtho Kanck, John Mario Gazzola and Andrew Lee Evans. |
Writs
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The
Oath of Allegiance was then administered to, and subscribed by, all the abovementioned
Members with the exception of the Hons. G. E. Gago, P. Holloway, The said Members then signed the Roll pursuant to Standing Order No. 28. The Commissioner then retired from the Chamber.
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New
Members |
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5. |
The Treasurer (The Hon. R. I. Lucas), reminded the Council that the time had come to proceed to the election of a President and addressing himself to the Clerk moved - That the Hon. R. R. Roberts be President of the Council, which motion was seconded by the Hon. P. Holloway.
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Election
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The Hon. R. R. Roberts submitted himself to the will of the Council. The Hon. M. J. Elliott moved that The Hon. J. F. Stefani be President of the Council, which motion was seconded by The Hon. S. M. Kanck. The Hon. J. F. Stefani submitted himself to the will of the Council. The Clerk pointed out that as two Members had been proposed and seconded for the office of President, it would be necessary to conduct a ballot in accordance with Standing Order No. 18. Bells rung. The Council then proceeded to ballot. The votes recorded were as follows:- The Hon. R. R. Roberts - 18 votes; The Hon. J. F. Stefani - 4 votes. The Clerk declared that as The Hon. R. R. Roberts had received the greater number of votes of the Members present, he was elected President. The President-Elect was called upon by the Council and was conducted to the Chair by the Treasurer and the Leader of the Opposition, and received and acknowledged the congratulations of the Council.
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Ordered - That the sitting of the Council be suspended to enable the Council to proceed to Government House to present the President to Her Excellency the Governor.
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Suspension |
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At nine minutes after twelve o’clock, the President resumed the Chair and reported that the Council had proceeded to Government House, had there presented him to the Governor, and that he had claimed for the Council the right of free access to and communication with Her Excellency and that the most favourable construction might be placed upon the proceedings of the Council. Whereupon Her Excellency had been pleased to make the following reply - To: The Honourable the President of the Legislative Council. I congratulate the Honourable Members of the Legislative Council on their choice of President. I readily assure you, Mr. President, of my confirmation of all the Constitutional rights and privileges of the Legislative Council, the proceedings of which will always receive my most favourable consideration. Marjorie jACKSON-NELSON, Governor of South Australia.
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Resumption |
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At ten minutes past twelve o’clock, the sitting of the Council was suspended until fifteen minutes past two o’clock. At fifteen minutes past two o’clock, the President resumed the Chair.
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Suspension
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The Governor (Mrs. Marjorie Jackson-Nelson, A.C., C.V.O., M.B.E.) having been announced by Black Rod, was received by the President at the Bar of the Council Chamber and by him conducted to the Chair. Her Excellency, having requested that Members take their seats, commanded Black Rod to let Members of the House of Assembly know she desired their attendance in the Legislative Council Chamber forthwith: Who, being come with their Speaker: Her Excellency having requested the Members of the House of Assembly to be seated, was pleased to address both Houses, as follows:
Honourable Members of the Legislative Council and Members of the House of Assembly I have called you together for the dispatch of business. Since the Opening of the previous session, a number of prominent former State and Federal Members have passed away. Allan Burdon was the Member for Mount Gambier from 1962 until 1975. He was known as a gentleman of politics and served his South-East community with distinction. Gil Langley represented the seat of Unley in the House of Assembly for 20 years and was Speaker of the House from 1977 to 1979. He was also one of South Australia’s greatest all-round sportsmen. George Whitten held the seat of Price in the House of Assembly for 10 years from 1975. He also served as Chairman of the Public Works Committee.
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Governor’s
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Geoffrey Virgo was a former Local Government and Transport Minister in the South Australian Government, representing the House of Assembly seat of Ascot Park from 1968 to 1979. Les Hart served in the Legislative Council for 10 years from 1962 and held positions on a number of Parliamentary Committees. Ralph Jacobi represented the seat of Hawker in the House of Representatives in two stints totalling 18 years. He was an ardent conservationist and helped to draw attention to the plight of the River Murray. John McLeay was a successful businessman, Unley City Councillor and held the seat of Boothby in the House of Representatives from 1966 to 1981, serving as a Minister in the Federal Government. Catherine “Kay” Brownbill was the first South Australian woman elected to Federal Parliament. She represented the seat of Kingston from 1966 to 1969 and was also a pioneering force for women in her media career. It is with sadness that we note the passing of all these servants of the people. Now, as we prepare to begin the 50th Parliament of the State of South Australia, it is an appropriate time to reflect on our good fortune. South Australia continues to be remarkably successful on so many fronts. We will never cease our efforts to improve our performance in all areas. But all in all, we are a free, just and prosperous community. In
recent years the State has made extraordinary progress in developing export
industries. Through the great efforts of all South Australians, our annual
exports now total almost The State’s economic recovery has helped to create employment opportunities. While efforts in this regard must continue apace, it is important to note that after years of trailing the rest of the country by a large margin, South Australia’s jobless rate is now extremely close to the national average. South Australia has a history of resilience and enterprise which is a testament to its people. We begin the 50th Parliament in sound shape with a promising future. My Ministers have advised me to call you together at this early date in order to resolve the matter of whom will form Government in this Parliament. Because no party has an absolute majority it is appropriate that the will of the Parliament is tested on the floor of the House of Assembly, as it was in 1968. I am advised that this will occur this afternoon before I take further advice from my Ministers. |
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I now declare this Session open and trust that your deliberations will be guided by Divine Providence to the advancement of the welfare of the State. Marjorie Jackson-nelson, Governor. Parliament House, Adelaide. 5 March 2002. Her Excellency retired from the Chamber. The Members of the House of Assembly withdrew.
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10. |
The President read prayers.
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Prayers.
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The Treasurer, by leave, moved to express the thanks of the Council to former Members and welcomed new Members. By leave, the Hons. P. Holloway, M. J. Elliott, N. Xenophon, the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw), the Hon. I. Gilfillan, the Attorney-General (The Hon. R. D. Lawson), the Hons. S. M. Kanck and A. J. Redford, the Minister for Primary Industries and Resources (The Hon. C. V. Schaefer), the Hons. J.S.L. Dawkins, T. G. Roberts, C. Zollo, R. K. Sneath and the President supported the remarks of the Treasurer. Question put and passed.
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Expression
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The President laid on the Table the Report of the Social Development Committee on an Inquiry into Attention Deficit Hyperactivity Disorder, which was authorised to be printed and published pursuant to section 17(7)(b) of the Parliamentary Committees Act 1991. (Paper No. 259)
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Social
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The following Papers were laid upon the Table, viz.: By the President - Corporation and District Council Reports, 2000-2001 and Reports of Corporations and District Councils in relation to Rebate of Rates - Adelaide, Alexandrina, Barossa, Burnside, Campbelltown, Ceduna, Clare and Gilbert Valley, Cleve, Coorong, Copper Coast, Elliston, Franklin Harbour, Gawler, Goyder, Grant, Holdfast Bay, Kimba, Kingston, Le Hunte, Lower Eyre Peninsula, Mallala, Marion, Mid Murray, Mitcham, Mount Barker, Mount Gambier, Mount Remarkable, Murray Bridge, Naracoorte Lucindale, Northern Areas, Onkaparinga, Orroroo/Carrieton, Peterborough, Port Augusta, Port Lincoln, Prospect, Renmark-Paringa, Robe, Salisbury, Streaky Bay, Tatiara, Tea Tree Gully, Unley, Victor Harbor, Wakefield, Walkerville, Wattle Range, West Torrens, Yankalilla and Yorke Peninsula. By the Treasurer - Regulations under the following Acts - Authorised Betting Operations Act 2000 - Licences. Licensee Fees. Lottery and Gaming Act 1936 - Instant Ticket Lotteries. National Electricity (South Australia) Act 1996 - Civil Monetary Liabilities. Public Corporations Act 1993 - Bio Innovation SA. West Beach Trust. Senior Secondary Assessment Board of South Australia Act 1983 - Subjects and Fees. By the Minister for Government Enterprises (The Hon. R. I. Lucas) - Mining and Quarrying Occupational Health and Safety Committee - Report 2000-2001. WorkCover Corporation - Report 2000-2001. By the Minister for Transport and Urban Planning - Reports, 2000-2001 - Institute of Medical and Veterinary Science. Medical Board of South Australia. National Environment Health Council. Office for the Ageing. Public and Environmental Health Act 1987. Public and Environmental Health Council. Development Act 1993 - Report on the Interim Operation of the Urban Growth Boundary Plan Amendment. Report on the Interim Operation of the Organic Waste Processing (Composting) Development Plan Amendment. Regional Council of Port Pirie and the District Council of Mount Remarkable Industry Buffer Plan Amendment Report. Environment Protection Act 1993 - Environment Protection (Motor Vehicle Fuel Quality) Policy 2002. Report on the Interim Operation of the Environment Protection (Motor Vehicle Fuel Quality) Policy by the Minister for Environment and Heritage. South Australian Housing Trust - Triennial Review 1997/1998 - 1999/2000. Regulations under the following Acts - Botanic Gardens and State Herbarium Act 1978 - Admission Charges. Chiropractors Act 1991 - Qualifications for Registration. Controlled Substances Act 1984 - Simple Cannabis Offences. Uniform Poisons Standard. Dental Practice Act 2001 - Elections. Development Act 1993 - System Improvement Program. Gene Technology Act 2001 - Genetically Modified Organisms. Harbors and Navigation Act 1993 - Speed of Watercraft. Housing and Urban Development (Administrative Arrangements) Act 1995 - Functions of HomeStart. Local Government Finance Authority Act 1983 - Prescribed Bodies. Local Government (Implementation) Act 1999 - By-laws. Private Parking Areas Act 1986 - Penalties. Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 - Pollution by Noxious Substances.
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Papers. |
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Public and Environmental Health Act 1987 - Notifiable Diseases. Retirement Villages Act 1987 - Rights of Retirement Village Residents. South Australian Co-operative and Community Housing Act 1991 - Terms of Associated Land Owner Agreement. Corporation By-laws - Onkaparinga - No. 5 - Bird Scarers. Playford - No. 6 - Bird Scarers. Tea Tree Gully - No. 1 - Permits and Penalties. No. 2 - Roads. No. 3 - Local Government Land. No. 4 - Dogs. No. 5 - Moveable Signs. District Council By-laws - Light - No. 3 - Streets and Roads. No. 4 - Local Government Land. Tumby Bay - No. 1 - Local Government Land. No. 2 - Boat Ramps/Cradle. No. 4 - Permits and Penalties. By the Attorney-General - The Legal Practitioners Education and Admission Council - Report, 2000-2001. Regulations under the following Acts - Graffiti Control Act 2001 - Prescribed Spray Paints. Summary Offences Act 1953 - Graffiti Implements. Rules of Court - District Court - District Court Act 1991 - Victims of Crime. Warden’s Court - Mining Act 1971 - General. By the Minister for Consumer Affairs (The Hon. R. D. Lawson) - Regulations under the following Acts - Liquor Licensing Act 1997 - Dry Areas - Alexandrina. Coober Pedy. Mount Gambier. Naracoorte. Port Adelaide. Port Augusta. Port Lincoln. Port Pirie. Retail and Commercial Leases Act 1995 - Disclosure Statements. By the Minister for Workplace Services (The Hon. R. D. Lawson) - Regulation under the following Act - Construction Industry Long Service Leave Act 1987 - Levy. By the Minister for Primary Industries - Dried Fruits Board of South Australia - Report, 2000-2001 (Ordered to be printed - Paper No. 66). Regulations under the following Acts - Fisheries Act 1982 - Giant Crab Quota System. Individual Giant Crab Quota System. Rock Lobster Fisheries. Sand Crab Pots. Livestock Act 1997 - Mamallian Material in Animal Feed. Stock Foods Act 1941 - Mamallian Material in Animal Feed.
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The Hon. A. J. Redford brought up the Report of the Legislative Review Committee on the Ombudsman (Private or Corporatised Community Service Providers) Amendment Bill. Ordered - That the Report be printed. (Paper No. 246)
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Legislative
Review
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The President having laid on the Table a copy of the Opening Speech by the Governor: The Treasurer moved - That a Committee consisting of the Hon. G. E. Gago, the Hon. J. Gazolla, the Hon. D. W. Ridgway, the Hon. T. J. Stephens and the Mover, be appointed to prepare a Draft Address in Reply to the Speech delivered this day by Her Excellency the Governor and to report on the next day of sitting. Question put and passed.
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Draft |
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The Treasurer, by leave, moved - That the Legislative Council expresses its deep regret at the death of the Hon. L. R. Hart, former Member of the Legislative Council in the seat of Midland and places on record its appreciation of his distinguished public service. And being supported by the Hon. P. Holloway and the Hon. J.S.L. Dawkins: Motion carried in silence, Members standing in their places.
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Death
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The Treasurer, by leave, moved - That the Legislative Council expresses its deep regret at the death of Mr. Ralph Jacobi, former Member of the House of Representatives for the electorate of Hawker and places on record its appreciation of his distinguished public service. And being supported by the Hon. P. Holloway: Motion carried in silence, Members standing in their places.
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Death
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The Minister for Transport and Urban Planning, by leave, moved - That the Legislative Council expresses its deep regret at the death of Ms. Catherine Brownbill, former Member of the House of Representatives for the electorate of Kingston and places on record its appreciation of her distinguished public service. And being supported by the Hon. P. Holloway. Motion carried in silence, Members standing in their places.
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Death
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The Treasurer, by leave, moved - That as a mark of respect to their memory, the sitting of the Council be adjourned until tomorrow at fifteen minutes past two o’clock. The Council adjourned at five minutes to five o’clock until tomorrow at fifteen minutes past two o’clock. Question put and passed.
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Suspension
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_________________________
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Members present during any part of the sitting:
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The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. Gazzola The Hon. I. Gilfillan
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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. A. J. Redford The Hon. D. W. Ridgway |
The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. J. F. Stefani The Hon. T. J. Stephens The Hon. N. Xenophon The Hon. C. Zollo |
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CONSTITUTION ACT 1934 SECTION 6(1): PROROGATION OF PARLIAMENT AND DATE FIXED FOR COMMENCEMENT OF THE SECOND SESSION OF THE FIFTIETH PARLIAMENT
Proclamation By The Governor
(L.S.) Marjorie Jackson-Nelson
PURSUANT to Section 6(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I -
(a) prorogue the Parliament of South Australia; and (b) fix 7 May 2002 as the day on which the second session of the Fiftieth Parliament will commence.
Given under my hand and the Public Seal of South Australia, at Adelaide, 5 March 2002.
By command, M. D. Rann, for Premier ______________
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