No. 1






















Council met pursuant to Proclamation published in the Government Gazette of 26 August 1999.

                 At twelve o’clock noon, the Clerk read the Proclamation, as under:


Proclamation By The Governor


                 (L.S.)         E. J. Neal


PURSUANT  to the Constitution Act 1934 and with the advice and consent of the Executive Council, I -


(a)     fix 12.00 noon on 28 September 1999 as the time for holding the Third Session of the Forty-Ninth Parliament.

(b)     declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide; and

(c)     summon the Parliament to meet for the despatch 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, 26 August 1999.


                                                                                              By command,

                                                                                                              D. C. KOTZ, for  Acting Premier.


Meeting of



The Governor (Sir Eric Neal, A.C., C.V.O) 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:

                 His Excellency, having requested that Members take their seats, commanded Black Rod to let Members of the House of Assembly know he desired their attendance in the Legislative Council Chamber forthwith:

                 Who, being come with their Speaker:

                 His 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

                 Today we enter the third parliamentary year of my Government’s second term.

        Since my Government was re-elected in 1997, its priority has been to deliver, on behalf of all South Australians, an economic and social balance through policy direction and legislation.




         Within this policy balance, it is imperative that quality of life receives the same level of priority as economic growth and debt reduction.  To achieve this balance, means ensuring that all South Australians wherever they live, whatever their situation in life, share the burdens as well as the benefits, of service delivery and economic development.

         As we enter a new millennium it is important to reflect upon the history and development of South Australia as we move forward into a new century.  It is not an easy task ‑ but we go into the next century against an economic backdrop which will create the foundation for change.

         Over the last year South Australia has had the second highest level of growth of all the State’s and Territories.

         Our mining, agriculture, forestry and fishery industries have each grown at a rate of
20 per cent over the same 1997-98 period.

         In the area of jobs – my Government’s highest priority – we have had 14 consecutive months of increasing trend employment levels in South Australia.

         Exports have increased by 6.5 per cent, whilst nationally they have fallen.

         Net migration loss has been at its lowest in 5 years whilst our population growth rate has also been its highest in the same period.

         In the building industry, housing starts increased 5% in the last year – the highest in four years ‑ whereas they fell 6% nationally.

         The value of production of the State’s food industry has grown from $5.8 billion to
$7 billion in the past two years.

         This has supported a very good economic performance in some regional areas – the Riverland has maintained economic growth of 30% per annum for the past four years.

         According to the most recent survey the level of confidence in the State’s small business sector is currently higher than in any other State or Territory.

         Independent economic forecasting suggests that the State’s excellent recent economic performance will continue.

         Econtech in its latest forecast last month said:

·          That South Australia will have the highest employment growth of any State or Territory in 1999/2000

·          That business investment growth in the State in 1999/2000 will be well above the national average

·          That our GSP growth will similarly be above the national average, in each of the next two years

·          And that our interstate migration loss will continue to slow.

         My Government will continue to build on this economic backdrop to enable social stability and greater levels of community services to be achieved in future years.

         My Government’s goal is that our State move forward into a new century as a far fairer society.  For my Government it means maintaining a just approach, regardless of criticism, so that the young and old, the affluent and those with special needs, the healthy and those unfortunate enough not to be so, can all feel they are listened to, and that their priorities are being, or will be, addressed.

         My Government makes the point, that this is why securing a Tasting Australia, Tour Down Under and a Le Mans style major event for our State, are investment decisions just as important for a positive future for South Australians as securing the Telstra investment announced today, and equally as important as the additional funding for our volunteer organisations, as has occurred in the past few weeks.

         My Government’s determination that we have fairness in society, is also reflected in its continuing policy of providing filtered mains water to homes in as many parts of the country and regional parts of the State as is practicable.  It is a decision made with the determination that the positive effects of improved service delivery should be shared by as many South Australians as is possible - as they are expected to be through the leasing of our electricity companies.

         It is why my Government has a program to have rural arterial roads sealed by 2004, and why my Government has a strong commitment to State-wide tourism infrastructure.

         Both these policies deliver economic benefits across the State, and a level of infrastructure for local residents which seeks to minimise any difference between city and country service delivery.

         As an example of how much South Australia is committed to fairness and equity, our State was the first State to say sorry to the stolen generation.  And my Government’s commitment to sensible and caring outcomes has also led to South Australia managing and moving forward with native title in a spirit of co-operation, understanding and trust.

         This effort is set to continue.



         In conjunction with delivering a fairer society as we move into the new millennium, my Government is managing a State in transition.

         With this Parliament’s approval of the leasing of our electricity companies, my Government believes our State will be in a more secure financial situation, and through that, on a firmer economic footing.  Without the burden of heavy interest payments on debt, and minus the risks of the national electricity market which are at this point in time creating problems for the Governments of two other States, my Government is ensuring that South Australia has, once again, a positive financial future before it.  And that it can best discharge this responsibility, by encouraging and supporting the establishment and growth of industry sectors throughout South Australia which can withstand for the long-term, the pace and demands of the global economy.  These sectors include defence industries, food and wine, telecommunications, and the burgeoning regional back-office sector.

         My Government asserts that this also means continuing to support and nurture our more traditional State economic resources such as agriculture and manufacturing as they manage change so that they continue to compete successfully in Global export markets.

         Insisting on a considered approach to achieving solid and long-term economic growth has also led my Government to casting a wide net for trading partners rather than concentrate on Asia.  This has had the result of South Australia being little affected by the Asian crisis of the past 18 months.

         My Government’s forward legislative and policy program reflects all of the above priorities and demands.              Its breadth and emphasis can be seen to embrace the ideology of its commitment to a fairer society in South Australia.

         In the third year of my Government’s second term, its legislative program seeks to build on the foundations of the past six years;

‑     to make the operations of Government parallel the requirements of private sector business operations;

‑     and to refine existing legislation so that the changing social needs of the community are addressed.

         This third year also introduces legislation which is a consequence of Federal decisions and initiatives.

         Importantly, my Government will re-introduce amendments to the Native Title Act in response to amendments made to the Commonwealth native title scheme in 1998.  Those amendments will reflect the outcomes of intensive negotiations with all interested parties since the introduction of the Bill in December 1998.

         In the area of WorkCover, it is my Government’s intention to propose changes to the Workers Rehabilitation and Compensation legislation.  This will include changes which provide for national consistency of worker coverage, where workers are temporarily working interstate; and a range of amendments that will focus on promoting worker safety within a commercial approach.

         In information economy, my Government will introduce legislation that will facilitate the growth of electronic commerce in South Australia.  The Electronic Commerce Transaction Bill will remove the legal impediments to conducting business electronically, both between private citizens, and private citizens and the Government.  This legislation will form part of a national framework for electronic commerce.

         As my Government is committed to the National Competition Policy Principles Agreement which requires the review of existing legislation which restricts competition, legislation will be brought forward to repeal the Carriers Act, make changes to the Prices Act, and bring forward amendments to the various occupational licensing Acts.

         The Government Business Enterprises(Competition) (Miscellaneous) Bill 1999 will be introduced.  This Bill is designed to provide additional clarification of the application of competitive neutrality to significant Government business activities; and refine the complaints mechanism and process.

         The Statutes Amendment (Universities) Bill will amend the three university Acts to remove an outdated provision for the Governor to have a dispute resolution role within our universities.  The Bill will also amend the Ombudsman Act to allow the Ombudsman to fulfil this role at the universities as required.

         Legislation will be introduced to amend the Guardianship and Administration Act.  This follows reviews of the legislation and is designed to enhance its operations and assist those people coming into contact with the guardianship system.

         Legislation will be introduced to amend the State Disaster Act to reflect recent changes to the State’s emergency management arrangements.



         Legislation will be introduced to establish Forestry SA as a public corporation under the provisions of the Public Corporations Act 1993.  The new corporation will have greater flexibility in pursuing commercial opportunities, and facilitating regional economic development.

         A number of legislative amendments will be made to assist the further development of the petroleum, mining and energy industries, and a provision will be made under the Petroleum Act to allow for development of geothermal energy in the future.

         And a significant amendment will be made to the Land Tax Act to ensure that all agistment arrangements in the intensive cattle, pig and poultry farming industries receive the benefit of the primary production exemption.

         A Bill will be introduced which will resolve outstanding issues relating to the Hindmarsh Island Bridge.

         The Highways Act is to be amended to extend the powers of the Commissioner of Highways, as required, to embrace traffic management, and legislation will be introduced to suspend registration of operators of heavy vehicles whose vehicles repeatedly speed.

         The Legal Practitioners Act is to be amended to make it clear that a practitioner who has been suspended from practice, or struck off the roll of practitioners, will not be permitted to work in a legal practice as a law clerk, or in any like capacity, except with the permission of the Legal Practitioners Disciplinary Tribunal.

         Amendments to the Summary Offences Act will be made to establish procedures for carrying out a body search on a person brought into lawful custody.  The object of the Bill is to provide protection for both the police and those searched.

         And legislation will be introduced to amend the Cremation Act to remove barriers to industry entry and competition within the industry, following the competition review of the Act.  In particular it is intended that licence requirements rendered obsolete by the Development Act be removed, and the process of obtaining health approval become more transparent.

         A Bill for the purpose of allowing Proprietary Racing licences to be issued in South Australia is to be introduced.  It will provide for appropriate checks and balances on applicants for a licence and the on-going probity of their operation.

         And special legislation is to be introduced to provide for the establishment of the Qualco-Sunlands Groundwater Control Scheme.  This scheme will ameliorate water logging of existing plantings, provide for new irrigation development in the district and reduce impacts on the River Murray in an integrated and collaborative way.

         With major progress continuing in boundary and legislative reform relating to Local Government, this session of Parliament will see introduction of legislation intended to secure a smooth transition to the new Local Government Act; as well as increased emphasis on the third phase of the Government’s Local Government reform program - that of functional and related financial reform.

         Meanwhile my Government has established an independent review of the Valuation of Land Act 1971.  This will address growing concerns about the equity of property valuations particularly in peri-urban areas, and the consequent effects of such valuations on State and Local Government charges and levies.  This decision is in line with my Government’s commitment to ensuring that rural areas are treated fairly in terms of the application of property based charges.

         The Stamp Duties Act 1923 will be amended to ensure that instruments that operate to disclaim, transfer or assign interests in real or personal property under a Will or intestacy are chargeable with ad valorem duty.  The need for this legislation has arisen as a result of a judgement of the South Australian Supreme Court which found that a Disclaimer was invalid on the basis that probate had not yet been granted in relation to the deceased estate and therefore the beneficiaries under the Will had not yet become entitled to any interest under the Will.  The Act will also be amended to extend the exemption provided for a transfer of mortgage to include the conveyance of the underlying debt.

         The 1996 High Court decision in Allders International Pty Ltd v Commissioner of State Revenue (Victoria) held that stamp duty on a lease covering part of Commonwealth land was constitutionally invalid.  Consequently the validity of other State taxes was brought into question.

         A Bill will therefore be introduced in respect of essential safety-net legislation to complement arrangements agreed between my Government and the Commonwealth Government for the administration and collection of South Australian taxation legislation that are applied as Commonwealth laws in Commonwealth places situated in South Australia.



         From a practical perspective, taxpayers will not be aware of any significant change in approach because of the “seamless” integration of both the Commonwealth legislation and the proposed State mirror taxation legislation.  The States will collect the Commonwealth taxes on behalf of the Commonwealth, which will return the taxes collected to the States through a standing appropriation.

         The legislative program for this year responds to needs and requirements across the spectrum of the South Australian community.

         As we enter this extremely important and historic session of Parliament - the last for this millennium, I encourage all elected members to be mindful of the significant responsibility they have to continue to work both towards the common good of their local communities and the State as a whole.

         It is also appropriate to remember, as we enter a new century, the contribution of those past members of parliament who have passed away in the last year.  They include former Premier Don Dunstan, and former Member for Goyder, Keith Russack.



         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 people of this State.

                                                                                                                                        Eric Neal, Governor.

        Parliament House,


        28 September 1999.

                 His Excellency retired from the Chamber.

                 The Members of the House of Assembly withdrew.




The President read prayers.




At twenty-three minutes to one o’clock the sitting was suspended until the ringing of the bells.

                 At thirty minutes past two o’clock the sitting was resumed.


Suspension and

Resumption of




The President informed the Council of the receipt of the following Memorandum from His Excellency The Governor, viz.:

                 The Honourable the President of the Legislative Council:

                 The Governor returns herewith a copy of amendments to Standing Orders of the Legislative Council, adopted by the Legislative Council on 5 August 1999 and approved in Executive Council on 9 September 1999.

                                                                                                                                        Eric Neal, Governor.

        Government House,


        9 September 1999.


Amendments to Standing Orders
adopted by the Legislative Council on 5 August 1999


Amendments required to Standing Orders to effect gender neutral language.


Amendment required to Standing Orders to enable Statements on Matters of Interest.

Insert Standing Order 67b:

67b.  At the conclusion of the period for Questions without Notice on Wednesdays, Members may make statements on matters of interest.  Up to seven Members may speak for a maximum of five minutes each.  The President may order the Member to be seated if, in the opinion of the President, the Member infringes Standing Orders governing the rules of debate.

Amendments required to Standing Orders to enable Questions without Notice to proceed for one hour after Petitions, Replies to Questions on Notice, Tabling of Papers and Committee Reports, and Ministerial Statements.

Amend Standing Order 67 to read as follows:

67.   The Council shall, unless it otherwise directs, proceed each day with its ordinary business in the following order - 1. Presentation of Petitions.  2.  Replies to Questions on Notice.  3.  Tabling of Papers and Committee Reports.  4.  Ministerial Statements.
5.  Asking Questions without Notice and giving Notices of Motion.  6.  The Business of the Day as set down on the Notice Paper.

Amendments to

Standing Orders

Adopted by the

Legislative Council –

Notification of

Approval of.



Insert new Standing Order 67a:

67a.  In addition to Ministerial Statements being made in accordance with Order No. 67, Ministerial Statements may be made at any other time, by leave of the Council.

Delete Standing Order 69:

69.  At the expiration of one hour from the meeting of the Council, the Business of the Day, if not sooner dealt with, shall be called on by the President, without any question being put:  Provided that, if a Division or a Ballot shall have then been ordered, such Ballot or Division shall be first concluded.

Insert new Standing Order 69:

69. Unless otherwise ordered, the period for asking questions without notice and giving Notices of Motion may not exceed one hour.  If, however, before the expiration of one hour, a question is in the process of being answered, then that question may be answered even though the period of one hour has expired.

Amend Standing Order 70 to read as follows:

70.  The Business of the Day, when called on, shall, unless it be otherwise ordered, be proceeded with, and be disposed of in rotation, each Notice of Motion or Order being read by the Clerk at the Table:  Provided that, on days on which Private Business has precedence, Government Business of the Day shall stand postponed to any Private Business which may have been previously interrupted and which the Council may order to be resumed.

Delete Standing Order 71:

71.   Whenever any Motion shall be interrupted by the calling on of the Orders of the Day, the consideration of such Motion and of any other Motions of which Notice has been given may, so soon as the Orders of the Day have been dealt with or postponed under the next preceding Order, be, on Motion, resumed as if no such interruption had taken place; but, if not so resumed, they shall lapse.

Amend Standing Order 116 to read as follows:

116.  A Debate on any definite matter of urgent public importance, the nature of which shall be stated in writing to the President - and of which urgency the rising in their places of three Members shall be sufficient evidence - may be allowed on a Motion, without Notice, that the Council at its rising adjourn to some irregular day or hour, provided that it be moved after the giving of Notices and before the Business of the Day has been proceeded with.

          Any such Motion shall be in lieu of Questions without Notice for that day and shall be limited to one hour’s duration unless otherwise ordered.  Not more than one Motion under this Order shall be allowed during a sitting of the Council, nor may more than one such matter be raised upon the same motion.





The President laid on the Table the Report of the Statutory Authorities Review Committee, 1997-98, which was authorised to be printed and published pursuant to section 17(7)(b) of the Parliamentary Committees Act 1991.









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

        By the President -

                 Members’ Travel Expenditure, 1998-99, pursuant to Members of Parliament Travel Entitlement Rules, 1983.

                 Register of Members’ Interests - June 1999 - Registrar’s Statement.

                          Ordered - That the Statement be printed (Paper No. 134).

        By the Treasurer (The Hon. R. I. Lucas) -

                 Department of Education, Training and Employment - Report, 1998.

                 Regulations under the following Acts -

                          Electricity Corporations (Restructuring and Disposal) Act 1999 – Amendment.

                          Financial Institutions Duty Act 1983 – Variation.

                          Land Tax Act 1936 – General.

                          Mutual Recognition (South Australia) Act 1993 – Temporary Exemptions.

                          Petroleum Products Regulations Act 1995 – Fees.

                          Stamp Duties Act 1923 – Authorised Deposit Institutions Variation.

                          Technical and Further Education Act 1975 – General.

                          Trans-Tasman Mutual Recognition (South Australia) Act 1999 – Temporary Exemptions.



                 Adelaide Entertainments Corporation – Charter for 1999-2000.

                 Government Boards and Committees Information – Boards and Committees (by Portfolio), 30 June 1999 – Volumes 1 and 2.

                 Public Corporations Act 1993 – ETSA Corporation – Ministerial Directions.

                 Public Corporations Act 1993 – SA Generation Corporation – Ministerial Directions.

                 Public Corporations (Distribution Lessor Corporation) Regulations 1999 – Charter.

                 Public Corporations (Generation Lessor Corporation) Regulations 1999 – Charter.

                 South Australian Superannuation Scheme – Actuarial Report, 1998.

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

                 Report, 1998-99 -

                          Ports Corp South Australia.

                          The Phylloxera and Grape Industry Board of SA.

                 Regulations under the following Acts -

                          Legal Practitioners Act 1981 – Interstate Practitioners.

                          Occupational Health, Safety and Welfare Act 1986 – Transport of Dangerous Goods.

                          Subordinate Legislation Act 1978 – Regulations Expiry Dates.

                          Supreme Court Act 1935 – Authorised Deposit Institutions.

                          Worker’s Liens Act 1893 – Fees.

                 Evidence Act 1929 – Report relating to Suppression Orders, 1999.

                 Remuneration Tribunal – Determination and Report.

        By the Minister for Justice (The Hon. K. T. Griffin) -

                 Regulations under the following Act -

                          Police Act 1998 – General.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulations under the following Act -

                          Fair Trading Act 1987 – General.

                          Liquor Licensing Act 1997 – Dry Areas -



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

                 Regulations under the following Acts -

                           Harbors and Navigation Act 1993 –

                                   Certificate of Competency.


                          Highways Act 1926 – Hindmarsh Island Ferry.

                          Historic Shipwrecks Act 1981 – General.

                          Local Government Act 1934 – Local Government Superannuation Board.

                          Medical Practitioners Act 1983 –

                                   Practitioners’ Fees.


                          Motor Vehicles Act 1959 – Miscellaneous.

                          Road Traffic Act 1961 –

                                   Declared Hospitals.

                                   Driver Hours.

                                   Vehicle Identification Plate.

                          South Australian Health Commission Act 1976 –


                                   Benefit Entitlement Card.

                                   Perinatal Statistics.

                          Water Resources Act 1997 – Bolivar Watercourse.

                 District Council By-laws -

                          Adelaide Hills – Bird Scarers.

                 City of Norwood, Payneham and St. Peters, Kensington and Norwood (City), Local Heritage Places (Built Heritage) Plan Amendment Report – Report.

                 City of Port Augusta – Industry (Port Augusta Power Stations) Plan Amendment Report – Report.

                 Murray-Darling Basin Agreement 1992 – Interstate Transfer of Water Allocations.

                 Railways Agreement 1997 – First Amending Agreement.

        By the Minister for the Arts (The Hon. D. V. Laidlaw) -

                 Regulations under the following Act -

                          Carrick Hill Trust Act 1985 – Parking.




The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee Inquiry into Boards of Statutory Authorities.

                 Ordered – That the Report be printed.  (Paper No. 181)




Review Committee –

Inquiry into Boards

of Statutory




The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee, 1998-1999.

                 Ordered – That the Report be printed.  (Paper No. 182)




Review Committee –

Report, 1998-1999.



The Treasurer tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning  chief executives and investment.


Paper Tabled.


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 Port River Environment.


Paper Tabled.


The Treasurer, by leave, moved - That Standing Order No. 14 be suspended.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.



of Standing

Order No. 14.



The Treasurer, by leave, moved - That the Members of this Council appointed to the Joint Committee on Transport Safety have power to act on the Joint Committee during the present Session.

                 Question put and passed.


Joint Committee


Transport Safety.



The Minister for Disability Services, by leave, moved - That the Select Committee on Outsourcing of State Government Services have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 29 November 1999.

                 Question put and passed.


Select Committee

on Outsourcing of State Government Services.


The Hon. I. Gilfillan, by leave, moved - That the Select Committee on Wild Dog Issues in the State of South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 29 November 1999.

                 Question put and passed.


Select Committee

on Wild Dog

Issue’s in the

State of

South Australia.



The Treasurer, by leave, moved - That the Select Committee on Internet and Interactive Home Gambling and Gambling by other means of Telecommunication in South Australia have power to sit during the present session, and that the time for bringing up the Report be extended until Wednesday, 29 November 1999.

                 Question put and passed.


Select Committee

on Internet and

Interactive Home

Gambling and

Gambling by

other means of


in South Australia.



The Treasurer moved - That a Standing Orders Committee be appointed consisting of the President, the Hon. K. T. Griffin, the Hon. C. A. Pickles, the Hon. G. Weatherill and the mover.

                 Question put and passed.


Standing Orders



Ordered - That for this Session a Library Committee not be appointed.






The Treasurer moved - That a Printing Committee be appointed consisting of the Hon.
J.S.L. Dawkins, the Hon. A. J. Redford, the Hon. T. G. Roberts, the Hon. J. F. Stefani and the Hon. C. Zollo.

                 Question put and passed.





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. T. Crothers, the Hon. A. J. Redford, the Hon. J. F. Stefani, the Hon. C. Zollo and the Mover, be appointed to prepare a Draft Address in Reply to the Speech delivered this day by His Excellency the Governor and to report on the next day of sitting.

                 Debate ensued.

                 Question put and passed.


Draft Address

in Reply.


Council adjourned at twenty-nine minutes to five o’clock until tomorrow at fifteen minutes past two o’clock.











Members present during any part of the sitting:




The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin


The Hon. P. Holloway

The Hon. 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