LEGISLATIVE COUNCIL

OF

SOUTH AUSTRALIA

________________

 

STATISTICS

________________

 

THIRD SESSION OF THE FORTY-EIGHTH PARLIAMENT

________________

 

26 September 1995 to 22 August 1996

________________

 

 


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
Statutory Authorities Review Committee
Occupational Safety, Rehabilitation and Compensation Committee

 

Joint Committees -

   

Joint Parliamentary Service Committee
Joint Committee on Women in Parliament
Joint Committee on South Australia’s Living Resources
Joint Committee on Retail Shop Tenancies

 

Sessional Committees -

   

Standing Orders Committee
Printing Committee

 

Select Committees -

   

Select Committee on the Proposed Privatisation of Modbury Hospital
Select Committee on Altering the Time Zone for South Australia
Select Committee on Outsourcing Functions undertaken by E&WS Department
Select Committee on Tendering Process and Contractual Arrangements for the Operation of the new Mount Gambier Prison
Select Committee on Contracting Out of State Government Information Technology
Select Committee on Proposed Sale of Land at Carrick Hill
Select Committee on Pre-School, Primary and Secondary Education in South Australia

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

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
Motions on LC Select Committees
Motions on Joint Committees
Motions for Disallowance of Regulations, Rules and By-laws
Private Members’ Motions

Petitions

Synopsis of Legislation

 

 


MEMBERS OF THE LEGISLATIVE COUNCIL
___________

 

The Hon. Henry Peter Kestel DUNN, R.D.A. (President of the Legislative Council)

The Hon. Terry Gordon CAMERON, J.P.

The Hon. Trevor CROTHERS

The Hon. Legh Hewitson DAVIS, LL.B., B.Ec., C.P.A., F.S.I.A.

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

The Hon. Kenneth Trevor GRIFFIN, LL.M. (Attorney-General, Minister for Consumer Affairs)

The Hon. Paul HOLLOWAY, B.Sc., B.E.(Hons.), B.Ec.

The Hon. James Campbell IRWIN

The Hon. Sandra Myrtho KANCK, Dip.T.

The Hon. Diana Vivienne LAIDLAW, B.A. (Minister for Transport, Minister for the Arts, Minister for the Status of Women)

The Hon. Robert David LAWSON, Q.C., R.F.D., B.A., LL.B.

The Hon. Judith Anne LEVY, M.Sc.

The Hon. Robert Ivan LUCAS, B.Sc., B.Ec., M.B.A. (Minister for Education and Children’s Services)

The Hon. Paolo NOCELLA

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

The Hon. Carolyn Ann PICKLES, J.P. (Leader of the Opposition, Legislative Council)

The Hon. Angus John REDFORD, LL.B.

The Hon. Ronald Roy ROBERTS

The Hon. Terance Gerald ROBERTS

The Hon. Caroline Veronica SCHAEFER

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

The Hon. George WEATHERILL

 

 


OFFICERS OF THE LEGISLATIVE COUNCIL
___________

 

PRESIDENT

 

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

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.

 

 


COMMITTEES
___________

 

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

 

ENVIRONMENT, RESOURCES AND DEVELOPMENT COMMITTEE

 

Appointed 10 February 1994

   

The Hon M J Elliott MLC
The Hon T G Roberts MLC
The Hon C V Schaefer MLC

Ms A K Hurley MP
Mrs D C Kotz, MP
Mr I H Venning MP

Committee Secretary: Ms. G. J. Artini, B.A., Grad.Dip.Leg.St.

LEGISLATIVE REVIEW COMMITTEE

 

Appointed 10 February 1994

   

**The Hon P Holloway MLC
The Hon R D Lawson MLC
***The Hon P Nocella MLC

Mr S G Condous MP
Ms J G Cummins MP
*Ms R K Geraghty MP

*Appointed 13 October 1994
**Appointed 26 September 1995
***Appointed 10 October 1995
Committee Secretary: Mr. D. Pegram, B.A.

SOCIAL DEVELOPMENT COMMITTEE

 

Appointed 10 February 1994

   

*The Hon T G Cameron MLC
The Hon S M Kanck MLC
The Hon BSL Pfitzner MLC

Mr M J Atkinson MP
Mr S R Leggett MP
Mr J Scalzi MP

*Appointed 18 October 1994
Committee Secretary: Ms. R. Schutte, B.A., Grad.Dip.Bus.Admin.

STATUTORY AUTHORITIES REVIEW COMMITTEE

 

Appointed 18 May 1994

   

The Hon T Crothers MLC
The Hon L H Davis MLC
The Hon JAW Levy MLC

The Hon A J Redford MLC
The Hon J F Stefani MLC

Committee Secretary: Ms. A. McNicol, B.Sc.

OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE

 

Appointed 5 July 1995

   

The Hon M J Elliott MLC
The Hon R D Lawson MLC
The Hon R R Roberts MLC

Mr R D Clarke MP
The Hon G A Ingerson MP
Mr D E Wade MP

Committee Secretary: Mr. G. W. Thomson

 
 
 

JOINT COMMITTEES
___________

 

JOINT PARLIAMENTARY SERVICE COMMITTEE

 

Appointed 10 February 1994

   

The President (The Hon HKP Dunn MLC)
The Hon T Crothers MLC
The Hon J C Irwin MLC

The Speaker (The Hon G M Gunn MP)
Mr M R DeLaine MP
The Hon I P Lewis MP

 

JOINT COMMITTEE ON WOMEN IN PARLIAMENT

 

Appointed 4 May 1994

   

The Hon S M Kanck MLC
The Hon C A Pickles MLC
The Hon A J Redford MLC

Ms J M Greig MP
Mr S R Leggett MP
Ms L Stevens MP

 

JOINT COMMITTEE ON SOUTH AUSTRALIA’S LIVING RESOURCES

 

Appointed 13 May 1994

   

The Hon M J Elliott MLC
*The Hon T G Roberts MLC
The Hon C V Schaefer MLC

Mr M R Buckby MP
Mrs R K Geraghty MP
The Hon D C Wotton MP

*Appointed 11 October 1994

 

JOINT COMMITTEE ON RETAIL SHOP TENANCIES

 

Appointed 25 July 1995

   

The Hon K T Griffin MLC
(Attorney-General)
The Hon M J Elliott MLC
The Hon JAW Levy MLC

Mr M J Atkinson MP
Mr R Brokenshire MP
Ms J M Greig MP

 
 
 

SESSIONAL COMMITTEES
___________

 

STANDING ORDERS COMMITTEE

 

Appointed 10 February 1994

   

The President (The Hon HPK Dunn MLC)
The Hon K T Griffin MLC
The Hon R I Lucas MLC

The Hon C A Pickles MLC
The Hon G Weatherill MLC

 

PRINTING COMMITTEE

 

Appointed 10 February 1994

   

The Hon M S Feleppa MLC
The Hon J C Irwin MLC
The Hon BSL Pfitzner MLC

The Hon A J Redford MLC
The Hon T G Roberts MLC

 
 
 

SELECT COMMITTEES
___________

 

PROPOSED PRIVATISATION OF MODBURY HOSPITAL

 

Appointed 16 November 1994

   

The Hon S M Kanck MLC
The Hon R D Lawson MLC
The Hon JAW Levy MLC

The Hon BSL Pfitzner MLC
The Hon B J Wiese MLC

 

ALTERING THE TIME ZONE FOR SOUTH AUSTRALIA

 

Appointed 23 November 1994

   

The Hon S M Kanck MLC
The Hon A J Redford MLC
The Hon R R Roberts MLC

The Hon C V Schaefer MLC
The Hon G Weatherill MLC

Reported on 21 November 1995

 

OUTSOURCING FUNCTIONS UNDERTAKEN BY E&WS DEPARTMENT

 

Appointed 5 July 1995

   

The Hon T G Cameron MLC
The Hon L H Davis MLC
The Hon J C Irwin MLC

The Hon S M Kanck MLC
The Hon T G Roberts MLC

 

TENDERING PROCESS AND CONTRACTUAL ARRANGEMENTS FOR THE OPERATION OF THE NEW MOUNT GAMBIER PRISON

 

Appointed 27 July 1995

   

The Hon J C Irwin MLC
The Hon S M Kanck MLC
The Hon A J Redford MLC

The Hon T G Roberts MLC
The Hon G Weatherill MLC

 

CONTRACTING OUT OF STATE GOVERNMENT INFORMATION TECHNOLOGY

 

Appointed 30 November 1995

   

The Hon R I Lucas MLC (Minister for
Education and Children’s Services)
The Hon M J Elliott MLC

The Hon P Holloway MLC
The Hon R D Lawson MLC
The Hon JAW Levy MLC

 

PROPOSED SALE OF LAND AT CARRICK HILL

 

Appointed 4 June 1996

   

The Hon D V Laidlaw MLC
(Minister for Transport)
The Hon S M Kanck MLC

The Hon JAW Levy MLC
The Hon P Nocella MLC
The Hon A J Redford MLC

 

PRE-SCHOOL, PRIMARY AND SECONDARY EDUCATION IN SOUTH AUSTRALIA

 

Appointed 31 July 1996

   

The Hon R I Lucas MLC (Minister for
Education and Children’s Services)
The Hon M J Elliott MLC

The Hon P Holloway MLC
The Hon C A Pickles MLC
The Hon C V Schaefer MLC

 

 


LIST OF BILLS CONSIDERED BY
LEGISLATIVE COUNCIL

___________

 

TOTAL NUMBER OF BILLS CONSIDERED BY LEGISLATIVE COUNCIL

     
 

Legislative Council origin

68

 
 

House of Assembly origin

66

134

     
 

TOTAL NUMBER OF BILLS PASSED BY BOTH HOUSES

       
 

Legislative Council origin

52

 
 

House of Assembly origin

62

114

 

BILLS CONSIDERED BY COUNCIL WHICH HAVE NOT PASSED BOTH HOUSES

   
 

Legislative Council origin:

 

Controlled Substances (Cannabis Decriminalisation) Amendment - lapsed in Council.
Criminal Law (Legal Representation) - lapsed in Council.
Ecologically Sustainable Energy - lapsed in Council.
Education (Basic Skills Testing) Amendment - lapsed in House of Assembly.
Education (Compulsory School Age) Amendment - lapsed in Council.
Equal Opportunity (Application of Sexual Harassment Provisions) Amendment - lapsed in Council.
Firearms (Penalties) Amendment - lapsed in Council.
Food (Labelling) Amendment - lapsed in Council.
Great Australian Bight Marine Sanctuary - lapsed in House of Assembly.
Police (Complaints and Disciplinary Proceedings) (Miscellaneous) - lapsed in Council.
Referendum (Water Supply and Sewerage Systems) - negatived in House of Assembly.
Roads (Opening and Closing) (Parliamentary Disallowance of Closures) Amendment - lapsed in House of Assembly.
South Australian Water Corporation (Public Interest Safeguards) Amendment - lapsed in House of Assembly.
Statutes Amendment (Racial Vilification) - withdrawn in House of Assembly.
Workers Rehabilitation and Compensation (Mental Incapacity) Amendment - lapsed in House of Assembly.
Workers Rehabilitation and Compensation (Review of Decisions about Loss of Earning Capacity) Amendment - withdrawn in Council.

 

House of Assembly origin:

 

Electoral (Duty to Vote) Amendment - negatived in Council.
Fisheries (Protection of Fish Farms) Amendment - lapsed in Council.
Poultry Meat Industry Act Repeal - lapsed in Council.
Racial Vilification - withdrawn and referred to Legislative Review Committee.

 

 


SITTINGS OF COUNCIL
___________

 

The Council met on 55 days and sat for a total number of 317 hours 25 minutes.

 

 


LIST OF BILLS WHICH PASSED BOTH
HOUSES OF PARLIAMENT

___________

 

ORIGINATED IN THE LEGISLATIVE COUNCIL

 

Bill No.

Act No.

Administrative Decisions (Effect of International Instruments)

14

81

Births, Deaths and Marriages Registration

37, 37A

6 of 1996

Building Work Contractors

27

87

Business Names

85

23 of 1996

Civil Aviation (Carriers’ Liability) (Mandatory Insurance and Administrative) Amendment


89


24 of 1996

Classification (Publications, Films and Computer Games)

6

88

Community Titles

60, 60A

37 of 1996

Constitution (Salary of the Governor and Electoral Redistribution) Amendment


10


68

Consumer Transactions (Miscellaneous) Amendment

32, 32A

89

Criminal Law (Sentencing) (Miscellaneous) Amendment

9

69

Criminal Law Consolidation (Appeals) Amendment

8, 8A

90

Criminal Law Consolidation (Mental Impairment) Amendment

4, 4A

91

De Facto Relationships

58, 58A

51 of 1996

Education (Teaching Service) Amendment

70, 70A

25 of 1996

Evidence (Settlement Negotiations) Amendment

66, 66A

26 of 1996

Expiation of Offences

54, 54A

26 of 1996

Fair Trading (Miscellaneous) Amendment

112

64 of 1996

Financial Institutions (Application of Laws) (Court Jurisdiction) Amendment

81

28 of 1996

Law of Property (Perpetuities and Accumulations) Amendment

59

7 of 1996

Legal Practitioners (Miscellaneous) Amendment

62, 62A

10 of 1996

Liquor Licensing (Disciplinary Action) Amendment

61

8 of 1996

Motor Vehicles (Heavy Vehicles Registration Charges) Amendment

15

77

Motor Vehicles (Miscellaneous) Amendment

72, 72A

29 of 1996

Motor Vehicles (Miscellaneous No. 2) Amendment

78

30 of 1996

Motor Vehicles (Trade Plates) Amendment

53, 53A

65 of 1996

Ombudsman (Miscellaneous) Amendment

101

52 of 1996

Rail Safety

71

31 of 1996

Road Traffic (Directions at Level Crossings) Amendment

87

32 of 1996

Road Traffic (Exemption of Traffic Law Enforcement Vehicles) Amendment

77

33 of 1996

Road Traffic (Miscellaneous) Amendment

116, 116A

66 of 1996

Security and Investigation Agents

19, 19A

93

South Australian Country Arts Trust (Review) Amendment

2, 2A

78

Statutes Amendment (Abolition of Tribunals)

57, 57A

53 of 1996

Statutes Amendment (Attorney-General’s Portfolio)

110

67 of 1996

Statutes Amendment (Community Titles)

80

38 of 1996

Statutes Amendment (Courts)

21

84

Statutes Amendment (Courts Administration Staff)

31

85

Statutes Amendment (Drink Driving)

30, 30A

95

Statutes Amendment (Mediation, Arbitration and Referral)

90

46 of 1996

Statutes Amendment (Sentencing of Young Offenders)

97, 97A

68 of 1996

Statutes Amendment (Sunday Auctions and Indemnity Fund)

28

96

Statutes Amendment and Repeal (Common Expiation Scheme)

55, 55A

34 of 1996

Statutes Repeal and Amendment (Commercial Tribunal)

13

82

Summary Offences (Indecent or Offensive Material) Amendment

5

73

Summary Offences (Overcrowding at Public Venues) Amendment

40, 40A

106

Summary Procedure (Time for Making Complaint) Amendment

56, 56A

35 of 1996

Telecommunications (Interception) (Miscellaneous) Amendment

7

79

Travel Agents (Miscellaneous) Amendment

73

11 of 1996

Trustee (Variation of Charitable Trusts) Amendment

111

50 of 1996

War Terms Regulation Act Repeal

3

74

Wills (Effect of Termination of Marriage) Amendment

79

39 of 1996

Wills (Wills for Persons Lacking Testamentary Capacity) Amendment

74

36 of 1996

 

ORIGINATED IN THE HOUSE OF ASSEMBLY

 

Bill No.

Act No.

Appropriation

114

54 of 1996

Bank Merger (BankSA and Advance Bank)

102

41 of 1996

Biological Control (Miscellaneous) Amendment

83

5 of 1996

Competition Policy Reform (South Australia)

103

42 of 1996

Controlled Substances (General Offences - Poisons) Amendment

44

98

Correctional Services (Miscellaneous) Amendment

67, 67A

12 of 1996

Country Fires (Audit Requirements) Amendment

99

40 of 1996

Criminal Injuries Compensation (Levy) Amendment

115

69 of 1996

Development (Major Development Assessment) Amendment

119

63 of 1996

Dog Fence (Special Rate, etc) Amendment

51

99

Electricity Corporations (Generation Corporation) Amendment

107, 107A

55 of 1996

Electricity Corporations (Schedule 4) Amendment

108

43 of 1996

Environment Protection (Forum Replacement) Amendment

43

100

Firearms (Miscellaneous) Amendment

128

70 of 1996

Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) (Licence Transfer) Amendment


50, 50A


3 of 1996

Friendly Societies (Miscellaneous) Amendment

36

86

Friendly Societies (Objects of Funds) Amendment

118

47 of 1996

Fruit and Plant Protection (Enforcement) Amendment

100

71 of 1996

Gaming Machines (Miscellaneous) Amendment

82, 82A

22 of 1996

Gas (Miscellaneous) Amendment

29

76

Government Business Enterprises (Competition

117, 117A

56 of 1996

Housing Co-operatives (Housing Associations) Amendment

33

101

Industrial and Employee Relations (Miscellaneous) Amendment

125

57 of 1996

Land Tax (Home Unit Companies) Amendment

18

70

Local Government (Boundary Reform) Amendment

38, 38A

108

Local Government (Ward Quotas) Amendment

122, 122A

58 of 1996

Local Government Finance Authority (Review) Amendment

46, 46A

1 of 1996

National Electricity (South Australia)

106

44 of 1996

National Parks and Wildlife (Miscellaneous) Amendment

65, 65A

13 of 1996

Natural Gas (Interim Supply) (Miscellaneous) Amendment

129

59 of 1996

Office for the Ageing

41

92

Opal Mining

22, 22A

102

Pastoral Land Management and Conservation (Board Membership) Amendment


76


9 of 1996

Pay-roll Tax (Exemption) Amendment

17

71

Public and Environmental Health (Notification of Diseases) Amendment

92, 92A

14 of 1996

Public Finance and Audit (Powers of Enquiry) Amendment

104

45 of 1996

Racing (Amalgamation of Pools) Amendment

49

103

Racing (Miscellaneous) Amendment

91, 91A

15 of 1996

Racing (TAB) Amendment

68, 68A

4 of 1996

South Australian Housing Trust

47, 47A

109

South Australian Meat Corporation (Sale of Assets)

93

16 of 1996

South Australian Multicultural and Ethnic Affairs Commission (Constitution of Commission) Amendment


45


94

South Australian Timber Corporation (Sale of Assets)

84

17 of 1996

South Eastern Water Conservation Drainage (Miscellaneous) Amendment

52

104

Stamp Duties (Miscellaneous) Amendment

16

72

Stamp Duties (Miscellaneous) Amendment

95

18 of 1996

Stamp Duties (Valuations - Objections and Appeals) Amendment

34

83

State Clothing Corporation (Winding-Up) Amendment

120

48 of 1996

State Emergency Service (Miscellaneous) Amendment

131

60 of 1996

State Lotteries (Unclaimed Prizes) Amendment

121

49 of 1996

Statutes Amendment (University Councils)

132, 132A

72 of 1996

Statutes Amendment (Waterworks and Sewerage)

124

61 of 1996

Statutes Amendment (Workers Rehabilitation and Compensation)

48, 48A

105

Superannuation (Contracting Out) Amendment

35, 35A

97

Supply

69

19 of 1996

Tobacco Products (Licensing) (Miscellaneous) Amendment

23

80

Water Resources (Imposition of Levies) Amendment

42, 42A

107

Westpac/Challenge

130

62 of 1996

Witness Protection

75, 75A

20 of 1996

Workers Rehabilitation and Compensation (Dispute Resolution) Amendment


20, 20A


75

Workers Rehabilitation and Compensation (Dispute Resolution) Amendment


98


21 of 1996

Workers Rehabilitation and Compensation (SGIC) Amendment

64

2 of 1996

 

 


LIST OF BILLS INTRODUCED IN AND
AMENDED BY LEGISLATIVE COUNCIL

___________

 


TITLE OF BILL

NO. OF AMENDMENTS
MADE BY
LEGISLATIVE COUNCIL

Births, Deaths and Marriages Registration

12

Community Titles

54

Consumer Transactions (Miscellaneous) Amendment

11

Criminal Law Consolidation (Appeals) Amendment

5

Criminal Law Consolidation (Mental Impairment) Amendment

4

DeFacto Relationships

13

Education (Teaching Service) Amendment

1

Evidence (Settlement Negotiations) Amendment

1

Expiation of Offences

8

Legal Practitioners (Miscellaneous) Amendment

36

Motor Vehicles (Miscellaneous) Amendment

2

Motor Vehicles (Trade Plates) Amendment

3

Road Traffic (Miscellaneous) Amendment

4

Security and Investigation Agents

1

South Australian Country Arts Trust (Review) Amendment

3

Statutes Amendment (Administrative and Disciplinary Division of District Court)


14

Statutes Amendment (Drink Driving)

2

Statutes Amendment (Sentencing of Young Offenders)

4

Statutes Amendment and Repeal (Common Expiation Scheme)

5

Summary Offences (Overcrowding at Public Venues) Amendment

1

Summary Procedure (Time for Making Complaint) Amendment

1

 

 


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

Correctional Services (Miscellaneous) Amendment

7

7

-

-

-

-

Criminal Injuries Compensation (Levy) Amendment

3

-

3

-

3

Conference -
Agreement
Reached

Development (Major Development Assessment) Amendment

32

32

-

-

-

-

Electricity Corporations (General Corporation) Amendment

4

4

-

-

-

-

Firearms (Miscellaneous) Amendment

33

33

-

-

-

-

Fisheries (Gulf St. Vincent Prawn Fishery Rationalization) (Licence Transfer) Amendment

3

3

-

-

-

-

Fruit and Plant Protection (Enforcement) Amendment

1

1

-

-

-

-

Gaming Machines (Miscellaneous) Amendment

10

10

-

-

-

-

Government Business Enterprises (Competition)

1

1

-

-

-

-

Local Government (Boundary Reform) Amendment

49

-

49

-

49

Conference -
Agreement
Reached

Local Government (Ward Quotas) Amendment

1

1

-

-

-

-

Local Government Finance Authority (Review) Amendment

1

-

1
(Alternative Amendment
made by HA)

1
(Alternative Amendment
agreed to
by HA)

-

-

National Parks and Wildlife (Miscellaneous) Amendment

36

30

6

-

6

Conference -
Agreement
Reached

Opal Mining

8

8

-

-

-

-

Public and Environmental Health (Notification of Diseases) Amendment

4

4

-

-

-

-

Racial Vilification

7

-

-

-

-

Referred to
Legislative
Review
Committee

Racing (Miscellaneous) Amendment

9
(including
1 suggested)

2

7
(including
1 suggested)

7

-

-

Racing (TAB) Amendment

1

1

-

-

-

-

South Australian Housing Trust

18

18

-

-

-

-

Statutes Amendment (University Councils)

20

20

-

-

-

-

Statutes Amendment (Workers Rehabilitation and Compensation)

1

1

-

-

-

-

Superannuation (Contracting Out) Amendment

1

1

-

-

-

-

Water Resources (Imposition of Levies) Amendment

4

4

-

-

-

-

Witness Protection

25

25

-

-

-

-

Workers Rehabilitation and Compensation (Dispute Resolution) Amendment

1

1

-

-

-

-

 

 


SUBSTANTIVE MOTIONS AND RESOLUTIONS
___________

 

Only substantive motions are listed below and do not include procedural or formal motions.

 

ADDRESS-IN-REPLY - motion for adoption of -

 

Moved by The Hon. B.S.L. Pfitzner, 27 September 1995.
Seconded by
The Hon. J. C. Irwin, 27 September 1995.
Adopted and presented to
His Excellency The Governor on 19 October 1995.

 

GOVERNMENT MOTIONS -

 

Adelaide Festival and Fringe Festival -

   

Moved by the Minister for Transport, 21 March 1996 and agreed to, 21 March 1996.

 

Report of the Auditor-General and Treasurer’s Financial Statements, 1994-95 - be noted -

   

Moved by the Minister for Education and Children’s Services, 11 October 1995 and agreed to, 24 October 1995.

 

SELECT COMMITTEES - COUNCIL -

 

Altering the Time Zone for South Australia -

   

Power to sit during present Session - moved by The Hon. C. V. Schaefer and agreed to, 26 September 1995.

   

Report brought up - That the Report be printed - moved by The Hon. C. V. Schaefer and agreed to, 21 November 1995.

   

Report noted - moved by The Hon. C. V. Schaefer, 22 November 1995, and agreed to 27 March 1996.

 

Contracting out of State Government Information Technology -

   

Appointment of - moved by The Hon. M. J. Elliott, 29 November 1995 and agreed to, 30 November 1995.

   

Extension of Time for bringing up Report - moved by the Minister for Education and Children’s Services and agreed to, 27 March 1996.

   

Special Report brought up, 2 April 1996.

   

Special Report noted and endorsed - moved by The Hon. J.A.W. Levy, 3 April 1996; amendment moved by The Hon. M. J. Elliott, 3 April 1996; amendment agreed to, motion as amended agreed to, 11 April 1996.

   

Power to sit during the recess - moved by the Minister for Education and Children’s Services and agreed to, 24 July 1996.

 

Outsourcing Functions undertaken by E&WS Department -

   

Power to sit during present Session - moved by The Hon. L. H. Davis and agreed to, 26 September 1995.

   

Extension of Time for bringing up Report - moved by The Hon. L. H. Davis and agreed to, 29 November 1995, 27 March 1996.

   

Message sent to House of Assembly requesting that the Minister for Industry, Manufacturing, Small Business and Regional Development (The Hon. J. W. Olsen, M.P.) be permitted to attend and give evidence before the Committee - moved by The Hon. L. H. Davis and agreed to, 14 February 1996 (Message No. 65 to House of Assembly).

   

Power to sit during the recess - moved by The Hon. L. H. Davis and agreed to, 24 July 1996.

 

Primary and Secondary Education in South Australia -

   

Appointment of - moved by The Hon. C. A. Pickles, 14 February 1996, amendments moved by The Hon. M. J. Elliott, 24 July 1996, amendments moved by The Hon. J. C. Irwin to motion and to amendments of The Hon. M. J. Elliott, 31 July 1996, amendments of The Hon. J. C. Irwin agreed to, 31 July 1996, amendments of The Hon. M. J. Elliott, as amended by The Hon. J. C. Irwin, agreed to, 31 July 1996, motion of The Hon. C. A. Pickles, as amended by The Hon. M. J. Elliott and The Hon. J. C. Irwin, agreed to, 31 July 1996.

   

Power to sit during the recess - moved by The Hon. C. A. Pickles and agreed to, 31 July 1996.

 

Proposed Privatisation of Modbury Hospital -

   

Power to sit during present Session - moved by The Hon. B.S.L. Pfitzner and agreed to, 26 September 1995.

   

Substitution of Member - moved by the Minister for Education and Children’s Services and agreed to, 26 September 1995.

   

Extension of Time for bringing up Report - moved by The Hon. B.S.L. Pfitzner and agreed to, 29 November 1995, 27 March 1996.

   

Power to sit during the recess - moved by The Hon. B.S.L. Pfitzner and agreed to, 24 July 1996.

   

Interim Report brought up - That the Interim Report be printed - moved by The Hon. B.S.L. Pfitzner and agreed to, 30 July 1996.

   

Interim Report noted - moved by The Hon. B.S.L. Pfitzner, 1 August 1996, and agreed to 1 August 1996.

 

Proposed Sale of Land at Carrick Hill

   

Appointment of - moved by the Minister for Transport, 30 May 1996 and agreed to, 4 June 1996.

   

Power to sit during the recess - moved by Minister for Transport and agreed to, 24 July 1996.

 

Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison -

   

Power to sit during present Session - moved by The Hon. J. C. Irwin and agreed to, 26 September 1995.

   

Extension of Time for bringing up Report - moved by The Hon. J. C. Irwin and agreed to, 29 November 1995, 27 March 1996.

   

Power to sit during the recess - moved by The Hon. J. C. Irwin and agreed to, 24 July 1996.

 

COMMITTEES - JOINT -

 

Retail Shop Tenancies -

   

Power to sit during present session - moved by the Minister for Education and Children’s Services and agreed to, 26 September 1995.

   

Report brought up - That the Report be printed - moved by the Attorney-General and agreed to, 1 August 1996.

   

Report noted - moved by the Attorney-General, 1 August 1996. (Motion lapsed due to Prorogation.)

 

South Australia’s Living Resources -

   

Power to sit during present session - moved by the Minister for Education and Children’s Services and agreed to, 26 September 1995.

   

Second Interim Report brought up, 29 November 1995.

   

Second Interim Report noted - moved by The Hon. M. J. Elliott, 29 November 1995 and agreed to, 30 November 1995.

   

Power to sit during the recess - moved by the Minister for Education and Children’s Services and agreed to, 31 July 1996.

 

Women in Parliament -

   

Power to sit during present session - moved by the Minister for Education and Children’s Services and agreed to, 26 September 1995.

   

Final Report brought up - That the Final Report be printed - moved by The Hon. A. J. Redford and agreed to, 29 May 1996.

   

Final Report noted - moved by The Hon. A. J. Redford, 29 May 1996 and agreed to, 24 July 1996.

 

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

 

Moved by Member on own behalf -

   

Fisheries Act - Ban on Net Fishing -
Moved by The Hon. R. R. Roberts, 27 September 1995 and agreed to, 3 April 1996.

   

Fisheries Act - Ban on Recreational Net Fishing -
Moved by The Hon. R. R. Roberts, 11 April 1996 and agreed to, 11 April 1996.

   

Fisheries Act - Ban on Recreational Net Fishing -
Moved by The Hon. R. R. Roberts, 29 May 1996 and disagreed to, 31 July 1996.

   

South Australian Housing Trust Act - Water Limits -
Moved by The Hon. R. R. Roberts, 5 June 1996 and agreed to, 31 July 1996.

   

Workers Rehabilitation and Compensation - Dispute Resolution -
Moved by The Hon. R. R. Roberts, 31 July 1996. (Motion lapsed due to Prorogation.)

 

Moved by Member on behalf of Legislative Review Committee -

   

Corporation of Marion - By-law No. 3 - Council Land -
Moved by The Hon. R. D. Lawson, 5 June 1996 and agreed to, 3 July 1996.

   

Corporation of Mitcham - By-law No. 7 - Cats -
Moved by The Hon. R. D. Lawson, 29 May 1996 and agreed to, 10 July 1996.

   

Corporation of Noarlunga - By-law No. 5 - Dogs -
Moved by The Hon. R. D. Lawson, 11 October 1995 and agreed to, 11 October 1995.

   

Corporation of Port Lincoln - By-law No. 7 - Keeping of Dogs -
Moved by The Hon. R. D. Lawson, 10 April 1996 and agreed to, 10 April 1996.

   

Corporation of Port Lincoln - By-law No. 9 - Council Land -
Moved by The Hon. R. D. Lawson, 3 July 1996 and agreed to, 3 July 1996.

   

Corporation of West Torrens - By-law No. 2 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 24 July 1996 and discharged, 24 July 1996.

   

District Council of Angaston - By-law No. 8 - Moveable Signs on Streets and Roads -
Moved by The Hon. R. D. Lawson, 14 February 1996 and agreed to, 20 March 1996.

   

District Council of Barossa - By-law No. 8 - Moveable Signs on Streets and Roads -
Moved by The Hon. R. D. Lawson, 14 February 1996 and agreed to, 20 March 1996.

   

District Council of Kapunda - By-law No. 2 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 3 April 1996 and agreed to, 3 April 1996.

   

District Council of Light - By-law No. 8 - Moveable Signs on Streets and Roads -
Moved by The Hon. R. D. Lawson, 14 February 1996 and agreed to, 20 March 1996.

   

District Council of Minlaton - By-law No. 2 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 10 April 1996 and agreed to, 10 April 1996.

   

District Council of Ridley-Truro - By-law No. 6 - Dogs -
Moved by The Hon. R. D. Lawson, 25 October 1995 and agreed to, 25 October 1995.

   

District Council of Tanunda - By-law No. 8 - Moveable Signs on Streets and Roads -
Moved by The Hon. R. D. Lawson, 14 February 1996 and agreed to, 20 March 1996.

   

District Council of Tumby Bay - By-law No. 4 - Dogs -
Moved by The Hon. R. D. Lawson, 25 October 1995 and agreed to, 25 October 1995.

   

District Council of Tumby Bay - By-law No. 12 - Traders -
Moved by The Hon. R. D. Lawson, 25 October 1995 and agreed to, 25 October 1995.

   

District Council of Warooka - By-law No. 2 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 3 April 1996 and agreed to, 3 April 1996.

   

District Council of Willunga - By-law No. 4 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 3 July 1996 and discharged, 3 July 1996.

   

District Council of Yorketown - By-law No. 2 - Moveable Signs -
Moved by The Hon. R. D. Lawson, 10 April 1996 and agreed to, 10 April 1996.

   

Reproductive Technology Act - Code of Ethical Clinical Research Practice -
Moved by The Hon. R. D. Lawson, 10 July 1996 and discharged, 10 July 1996.

   

Reproductive Technology Act - Code of Ethical Research Practice -
Moved by The Hon. R. D. Lawson, 10 July 1996 and discharged, 10 July 1996.

   

Veterinary Surgeons Act - Fees and Charges -
Moved by The Hon. R. D. Lawson, 29 May 1996 and agreed to, 29 May 1996.

 

PRIVATE MEMBERS’ MOTIONS -

 

Australian Broadcasting Commission - Rural and Regional Broadcasting -

   

Moved by The Hon. C. V. Schaefer 24 July 1996, amendment moved by The Hon. J.A.W. Levy, 31 July 1995, amendment moved by The Hon. M. J. Elliott to the amendment of The Hon. J.A.W. Levy, 31 July 1996. (Motion lapsed due to Prorogation).

 

Austudy -

   

Moved by The Hon. M. J. Elliott, 24 July 1996. (Motion lapsed due to Prorogation.)

 

Benlate -

   

Moved by The Hon. M. J. Elliott, 11 October 1995 and agreed to, 30 November 1995.

 

Diesel Fuel Rebate -

   

Moved by The Hon. C. V. Schaefer, 1 August 1996. (Motion lapsed due to Prorogation.)

 

Disclosure of and Comment on Evidence Presented to Select Committees -

   

Moved by The Hon. M. J. Elliott, 22 November 1995, amendments moved by the Minister for Education and Children’s Services and agreed to, 24 July 1996, motion, as amended, agreed to, 24 July 1996.

 

Environment, Resources and Development Committee - Report on Roxby Downs Water Leakage - Noting of -

   

Moved by The Hon. C. V. Schaefer, 29 May 1996 and agreed to, 3 July 1996.

 

Environment, Resources and Development Committee - Report on Sellicks Hill Quarry Cave - Noting of -

   

Moved by The Hon. M. J. Elliott, 22 November 1995 and agreed to, 22 November 1995.

 

Environment, Resources and Development Committee - Report on Vegetation Clearance Regulations pursuant to the Electricity Trust of South Australia Act 1946 - Noting of -

   

Moved by The Hon. C. V. Schaefer, 1 August 1996 and agreed to, 1 August 1996.

 

Execution of Ogoni Community Members in Nigeria -

   

Moved by The Hon. T. G. Roberts, 7 February 1996 and agreed to, 20 March 1996.

 

Government’s Education Policies -

   

Moved by The Hon. A. C. Pickles, 11 October 1995 and agreed to, 10 July 1996.

 

Legislative Review Committee - Discussion Paper on a Code of Conduct for Members of Parliament - Noting of -

   

Moved by The Hon. R. D. Lawson, 29 May 1996 and agreed to, 31 July 1996.

 

Legislative Review Committee - Report on Racial Vilification Bill - Noting of -

   

Moved by The Hon. R. D. Lawson, 1 August 1996 and agreed to, 1 August 1996.

 

Legislative Review Committee - Report on Regulations under the Reproductive Technology Act 1988 - Noting of -

   

Moved by The Hon. R. D. Lawson, 24 July 1996 and agreed to, 31 July 1996.

 

Local Current Affairs Production - 7.30 Report -

   

Moved by The Hon. M. J. Elliott, 11 October 1995, amendment moved by The Hon. A. J. Redford, 25 October 1995, amendment agreed to, motion, as amended, agreed to, 25 October 1995.

 

Local Current Affairs Programmes on ABC -

   

Moved by The Hon. A. J. Redford, 11 October 1995 and discharged, 25 October 1995.

 

Major Events in Adelaide Parklands -

   

Moved by The Hon. M. J. Elliott, 14 February 1996, amendment moved by The Hon. J.A.W. Levy, 20 March 1996, amendment agreed to, 11 April 1996 and motion, as amended, agreed to, 11 April 1996.

 

Obstetric Services in Rural Areas - Social Development Committee to examine -

   

Moved by The Hon. S. M. Kanck, 3 July 1996, amendments moved by The Hon. A. J. Redford, 31 July 1996, amendments agreed to, 31 July 1996, motion, as amended, agreed to, 31 July 1996.

 

Parks High School Closure -

   

Moved by The Hon. C. A. Pickles, 27 March 1996 and agreed to, 24 July 1996.

 

Parliamentary Secretaries -

   

Moved by The Hon. P. Holloway, 27 March 1996. (Motion lapsed due to Prorogation)

 

Playford, Sir Thomas, Contribution to South Australia -

   

Moved by The Hon. C. A. Pickles, 10 July 1996, amendments moved by Minister for Education and Children’s Services, 24 July 1996 and amendments agreed to, 31 July 1996, motion, as amended, agreed to, 31 July 1996.

 

Refugee Status of Vietnamese Boat People -

   

Moved by The Hon. B.S.L. Pfitzner, 18 October 1995, amendment moved by The Hon. S. M. Kanck, 15 November 1995, amendment to the amendment moved by The Hon. A. J. Redford, 22 November 1995, amendment to amendment negatived, amendment of The Hon. S. M. Kanck agreed to, motion, as amended, agreed to, 30 November 1995.

 

Scrutiny of National Scheme Legislation and Desirability of Uniform Scrutiny Principles - Discussion Paper No. 1 - Noting of -

   

Moved by The Hon. R. D. Lawson, 18 October 1995 and agreed to, 20 March 1996.

 

Social Development Committee - Interim Report on an Inquiry into Prostitution - Noting of -

   

Moved by The Hon. B.S.L. Pfitzner, 27 September 1995 and agreed to, 18 October 1995.

 

Social Development Committee - Report on Rural Poverty in South Australia - Noting of -

   

Moved by The Hon. B.S.L. Pfitzner, 29 November 1995 and agreed to, 14 February 1996.

 

South Australia’s Aquaculture Operations - Environment, Resources and Development Committee to examine -

   

Moved by The Hon. M. J. Elliott, 15 November 1995 and agreed to, 22 November 1995.

 

State Government Financial Support of Vetlab - Noting of -

   

Moved by The Hon. M. J. Elliott, 25 October 1995 and agreed to, 14 February 1996.

 

Statutory Authorities Review Committee - Interim Report on a Review of the Electricity Trust of South Australia (Accounting Issues) - Noting of -

   

Moved by The Hon. L. H. Davis, 15 November 1995 and agreed to, 15 November 1995.

 

Statutory Authorities Review Committee - Interim Report on a Review of the Electricity Trust of South Australia (Costs of Transporting Coal Extracted from Leigh Creek Mine) - Noting of -

   

Moved by The Hon. L. H. Davis, 3 April 1996 and agreed to, 3 July 1996.

 

Statutory Authorities Review Committee - Interim Report on a Review of the Electricity Trust of South Australia (ETSA’s Expenditure on Energy Exploration and Research) - Noting of -

   

Moved by The Hon. L. H. Davis, 27 March 1996 and agreed to, 2 April 1996.

 

Statutory Authorities Review Committee - Interim Report on a Review of the Electricity Trust of South Australia (Occupational Health and Safety Issues at Leigh Creek Mine) - Noting of -

   

Moved by The Hon. L. H. Davis, 22 November 1995 and agreed to, 29 November 1995.

 

Statutory Authorities Review Committee - Review of the Rundle Mall Committee - Noting of -

   

Moved by The Hon. L. H. Davis, 3 July 1996 and agreed to, 31 July 1996.

 

 


PETITIONS
___________

 

GREAT AUSTRALIAN BIGHT MARINE PARK

 

Praying that the Council will declare the Great Australian Bight a Marine Park.

   

Presented by The Hon. T. G. Roberts, 8 February 1996, 333 signatures.

 

MUSIC TEACHERS IN EYRE PENINSULA SCHOOLS

 

Praying that the Council will restore the allocation of music teachers on Eyre Peninsula to the level applying in 1995 as a matter of social justice and to honour the commitment given by the Premier and make these positions permanent.

   

Presented by the Minister for Education and Children’s Services, 1 August 1996, 2,097 signatures.

 

OPAL EXPLORATION LICENCES - COOBER PEDY PROCLAIMED PRECIOUS STONES FIELD

 

Praying that the Council will not legislate to introduce opal exploration licences into the Coober Pedy Proclaimed Precious Stones Field, nor legislate to introduce 40,000 square metre opal development leases with an exclusion zone from a registered lease of only 500 metres, and thus preserve the livelihoods of small opal miners with interests in the Coober Pedy Proclaimed Precious Stones Field.

   

Presented by The Hon. S. M. Kanck, 19 October 1995, 634 signatures.

 

PROPOSED SALE OF LAND AT CARRICK HILL

 

Praying that the Council will not agree to any motion or legislation which makes possible the sale of any part of Carrick Hill estate.

   

Presented by The Hon. R. D. Lawson, 11 July 1996, 1,274 signatures.

 

SAFE MEANS OF CROSSING MURRAY ROAD, PORT NOARLUNGA

 

Praying that the Council will urge the State Government to take immediate action to assist elderly residents in crossing Murray Road by installing traffic lights.

   

Presented by The Hon. T. G. Cameron, 15 February 1996, 54 signatures.

 

 

 


SYNOPSIS OF LEGISLATION
___________

 

ADMINISTRATIVE DECISIONS (EFFECT OF INTERNATIONAL INSTRUMENTS) BILL

 

The purpose of this Bill is to eliminate any expectation which might exist that administrative decisions will be made in conformity with provisions of ratified but unimplemented treaties, or, that if a decision is made contrary to such provisions, an opportunity will be given for the affected person to make submissions on the issue.

   

(October 12, 24, 25, November 21 - Act No. 81 of 1995)

 

BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL

 

The Bill follows closely the provisions of a model bill which was developed by the State and Territory registrars of births, deaths and marriages over a period of several years. It is expected that over the next year all States and Territories of Australia will enact legislation based on the model, giving a very desirable degree of consistency across all jurisdictions and providing mechanisms to facilitate co-operation between the various registries which has not previously existed.

   

(November 16, February 6, March 26, 27 - Act No. 6 of 1996)

 

BUILDING WORK CONTRACTORS BILL

 

The Bill proposes to streamline the current four categories of builders’ licences and building work supervisors’ registrations to two major categories for licences and two for registration. The categories can then be detailed in the regulations and updated in response to the industry’s changing needs. This system is the same as that recently introduced for plumbers, gas fitters and electricians under their new legislation. It means that the licences and registrations can effectively be tailor-made to each individual’s level of competence (or financial capacity, and so on). When combined with a flexible administrative system that allows the precise scope of work to be clearly defined on the actual licence, the adjustment of fees for multiple licence/registration categories and the simplification of forms and procedures, the benefits to consumers as well as industry participants will be maximised.

   

(October 25, November 16, 28 - Act No. 87 of 1995)

 

BUSINESS NAMES BILL

 

The purposes of this Bill are to provide for the registration of business names (where persons and corporations elect to carry on business other than under their own names), to create and maintain a public register of registered business names and to repeal the Business Names Act 1963, which currently regulates these activities.

 

The Bill retains the existing requirement that names that may be mistaken for or confused with a registered business name or the name of a body corporate are not to be registered, while recognising that there is a practical need to modify the names test where businesses are carried on under franchising arrangements and some of the more common agency relationships. It also allows a more flexible approach to be taken in administering the requirements for registering of business names and for maintaining the information kept on the public register in an up-to-date, adequate and sufficiently accurate form. It recognises that the public register is principally kept in a standardised electronic format and the nexus which exists between names of companies and registered business names as well as the role of the Australian Securities Commission in making available an electronic database for business names as part of the operating functions of its national register of companies.

   

(March 21, 26, April 10 - Act No. 23 of 1996)

 

CIVIL AVIATION (CARRIERS’ LIABILITY) (MANDATORY INSURANCE AND ADMINISTRATION) AMENDMENT BILL

 

The Commonwealth Government introduced the Transport Legislation Amendment Act (No. 2) 1995 (Commonwealth) and the Civil Aviation (Carriers’ Liability) Regulations (Amendment) (Commonwealth) on 20 July 1995. The legislation, which took effect on 20 January 1996, increased the liability of domestic and international operators who carry air passengers for hire or regard and made it compulsory for operators to be insured in respect of liability for death or injury to passengers.

 

All States and Territories have agreed that the application of air passenger liability and insurance requirements must be uniform so that a passenger may board a scheduled or charter air carrier of any size anywhere within Australia with full confidence that the carrier is insured for the standard, adequate, liability amount. For these amendments to apply to the carriage of air passengers within South Australia, section 6 of the Civil Aviation (Carriers’ Liability) Act 1962 (SA) is required to be amended to apply the provisions of Part 4A of the Commonwealth Act. This Bill accomplishes that and, in addition, provides that the scheme should be administered and enforced as if it were a Commonwealth Act. Similar action is required by the other States and it has been agreed that each of the State’s amending legislation will come into operation on the same date.

   

(March 27, April 2, 10 - Act No. 24 of 1996)

 

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) BILL

 

This purpose of this Bill is to -

 

(a)


(b)



(c)
(d)
(e)

establish a scheme complementary to the scheme for the classification of publications, films and computer games set out in the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
make provision for South Australian classification authorities that may, when satisfied that it is appropriate to do so in particular cases, make classification decisions with respect to publications, films or computer games (that will prevail in South Australia over any inconsistent decisions made under the Commonwealth Act);
make provision for the enforcement of classification decisions applying in South Australia;
prohibit the publication of certain publications, films and computer games; and
provide protection against prosecution under laws relating to obscenity, indecency, offensive materials or blasphemy when classified publications, films or computer games are published in accordance with this measure.

   

(September 27, October 10, 24, 25, November 30 - Act No. 88 of 1995)

 

COMMUNITY TITLES BILL

 

The purpose of this Bill is to establish a system of community titles. The community titles are designed to fill a vacuum between conventional subdivision and strata subdivision. The basic effect of this Bill is to enable common property to be created within conventional subdivisions.

 

National uniform credit legislation will enable credit providers to adopt standard operating procedures, thereby In addition to extending the concept of shared use of common facilities to subdivisions which may consist of no more than vacant blocks of land, the Bill provides for the development of planned communities of any type where some of the land is shared. The types of projects which could be developed under a community titles scheme include -

 







business parks.
university and research parks
resorts
urban developments
rural co-operative developments (e.g. wineries)
industrial developments
mobile homes and parks.

   

(November 30, February 13, March 19, April 3, 10 - Act No. 37 of 1996)

 

CONSTITUTION (SALARY OF THE GOVERNOR AND ELECTORAL REDISTRIBUTION) AMENDMENT BILL

 

This Bill makes a number of amendments to the Constitution Act 1934. The Bill amends section 73 to provide that the salary payable to future Governors is to be determined in accordance with any percentage increases in salary payable to a judge of the Supreme Court.

 

Section 77 of the Act requires the Electoral Districts Boundaries Commission to draw the electoral boundaries in accordance with an electoral quota determined at "the relevant date". The Bill amends the definition of "the relevant date" in section 77(2) of the principal Act so that the relevant date will be a date falling not earlier than six months before the date of an order for an electoral redistribution (instead of the current two months).

 

Section 78 is also amended by inserting a new subclause (7) providing that members of the Electoral Districts Boundaries Commission (other than the chairman) are entitled to remuneration determined by the Remuneration Tribunal.

   

(October 10, 18, 25 - Act No. 68 of 1995)

 

CONSUMER TRANSACTIONS (MISCELLANEOUS) AMENDMENT BILL

 

The Consumer Transactions Act contains several references to the Commercial Tribunal due to its jurisdiction in credit and other matters. This Bill removes those references and transfers the jurisdiction to the Magistrates Court Civil (Consumer and Business) Division.

 

The Bill also makes necessary amendments in preparation for the national introduction of the Uniform Consumer Credit Code, which is scheduled for 30 March 1996.

   

(October 26, November 14, 21, 29 - Act No. 89 of 1995)

 

CONTROLLED SUBSTANCES (CANNABIS DECRIMINALISATION) AMENDMENT BILL

 

The purpose of this Bill is to regulate the production and possession of cannabis in South Australia.

   

(October 11, November 22, April 3 - Lapsed due to Prorogation)

 

CO-OPERATIVES BILL

 

The purpose of this Bill is to provide a consistent legislative framework for the formation, registration and corporate governance of co-operatives. The Bill is based on Victorian legislation which was developed through the co-operation of the States and Territories.

   

(May 28, July 3, 8, 23 - Act No. 61 of 1997)

 

CRIMINAL LAW (LEGAL REPRESENTATION) BILL

 

The purpose of this Bill is to make miscellaneous amendments to the Criminal Law (Sentencing) Act.

 

Section 18A is amended to allow for the imposition of one sentence for all, or some, of the offences for which a defendant is convicted on the one complaint or information.

 

Section 19 has been substantially changed. This section sets limitations on the sentences that can be imposed by the Magistrates Court. Only a Magistrate will be able to impose a sentence of imprisonment. The Court (however constituted) will not be able to impose a sentence of imprisonment that is greater than Division 5 (2 years) or a fine of more than $120,000 (twice a division 1 fine). If greater sentences are warranted (and available) for any particular summary offence or minor indictable offence the matter will be referred to the District Court.

 

Section 39 is amended to provide that a defendant who enters into a bond in lieu of being sentenced will only have to appear before the court for sentencing for the original offence (in the event of breaching the bond) if the terms of the bond imposed by the court so stipulate.

 

Section 42 is amended to make it clear that a court can only impose a bond without any condition that the defendant appear for sentence, or conviction if the court does not impose any other conditions under section 42 of the Act and a consequential amendment is made to section 58.

 

Section 45 is substituted. The old section required a court to find out whether a community service placement was available for a defendant before he or she could be required to perform a community service. The new section simply obliges the CEO of the Department of Correctional Services to notify the sentencing court if a placement is not available because of the defendant’s infirmity, in which case the court may require the defendant to appear before it for further sentencing.

 

Section 57 is amended. It provides that an inferior court can either sentence for an offence before it and remand the offender to a superior court to be dealt with for breach of a condition of a bond or it can remand the offender to a superior court for sentencing and to be dealt with for the breach of a bond. The amendments also recognise that the Environment, Resources and Development Court has a criminal jurisdiction. The matter of the criminal jurisdiction of that Court is under review, but this amendment is necessary for so long as it does have such a jurisdiction.

 

Section 61 is amended to provide that the imprisonment to be served under a warrant issued for an unpaid levy under the Criminal Injuries Compensation Act 1978 is to be served after all other terms of imprisonment to which the person is liable have been served.

 

Section 67 is amended to provide that community service is not an available option for "working off" an unpaid levy.

   

(September 28, October 10, 24 - Act No. 69 of 1995)

 

CRIMINAL LAW CONSOLIDATION (APPEALS) AMENDMENT BILL

 

This Bill amends the appeal provisions in the Criminal Law Consolidation Act 1935 in a number of important ways, as well as making minor tidying-up amendments.

 

A definition of "question of law" has been inserted for the purposes of Part 11 (dealing with cases stated and appeals). The definition makes it clear that questions about how a judicial discretion is exercised, or whether it has been properly exercised, are questions of law.

 

The provisions of the Bill also clarify the rights of appeal by the Director of Public Prosecutions and defendants when applications are made for stay of proceedings on the basis that they constitute an abuse of process. They also clarify the right of a court to reserve a question of law before or during a trial for consideration and determination by the Full Court.

   

(September 28, October 24, 25, 26, November 14, 22, 29, 30 - Act No. 90 of 1995)

 

CRIMINAL LAW CONSOLIDATION (MENTAL IMPAIRMENT) AMENDMENT BILL

 

This Bill deals with an issue which arises when a person suffering from a mental illness comes before the Courts. In general terms, there are two major issues in this situation, the law concerning what is known as "fitness to plead" and the law dealing with what is generally known as the "defence of insanity". The rules about when a person is or is not "fit to plead" have not caused great difficulty and are preserved in this Bill. The same, however, cannot be said of the consequences of being found unfit to plead.

 

In general terms, the Bill is intended to achieve the following reforms -

 

(1)
(2)
(3)



(4)


(5)


(6)


(7)

It defines "mental illness" using the words chosen for the purpose by the High Court;
It defines the roles of judge and jury;
It isolates the question of the defendant’s fitness to plead or the question of whether the defendant was, at the time of the alleged offence, suffering from mental impairment from other questions that may be at issue in the case. This enables judge and jury to concentrate on the issues affecting those fundamental questions;
It ensures that if the question of fitness to plead or mental impairment is raised, the court must first be satisfied that there is sufficient evidence available to show that the accused actually committed the acts in question;
It empowers a court which finds that the accused is unfit to plead or was not criminally responsible (due to mental impairment) to make the most appropriate disposition with respect to each accused (including detention or community based treatment programmes);
It requires a court to set a limit to the exposure of the accused to any supervision order made, the limit being fixed in relation to the penalty which would have been applicable had the accused been found guilty of the offence with which he or she was charged;
It retains the 1992 reforms with some tidying up and clarification of the roles and responsibilities of those participating in the system who have legal responsibilities in relation to such people.

   

(September 27, October 24, 25, November 14, 16, 28 - Act No. 91 of 1995)

 

DE FACTO RELATIONSHIPS BILL

 

The purpose of this Bill is to reform the law relating to the resolution of property disputes on the breakdown of a de facto relationship. The Bill provides for de facto partners to make cohabitation agreements about the division of property on the termination of a relationship. The Bill also enables a de facto partner to apply to the court for a division of property.

   

(November 29, March 19, 20, 26, 28, July 2, 9, 24, 25 - Act No. 51 of 1996)

 

ECOLOGICALLY SUSTAINABLE ENERGY BILL

 

This Bill seeks to establish an Ecologically Sustainable Energy Authority to assist the South Australian community with the transition to an ecologically sustainable energy industry and to bring about greater efficiency in the uses of energy. The authority would have four objectives - first, to minimise the use of non-renewable energy sources; secondly, to optimise the use of ecologically sustainable energy sources; thirdly, to minimise greenhouse gas emissions and pollutant wastes associated with energy production; and, fourthly, to minimise energy use. To achieve these objectives the authority would assist in the development of relevant State and local government laws, policies and practices, research or promote research into energy sources available in the State and energy efficiency, and consult with and make recommendations to electricity corporations and the State Government on all such relevant matters.

   

(July 24 - Lapsed due to Prorogation)

 

EDUCATION (BASIC SKILLS TESTING) AMENDMENT BILL

 

The purpose of this Bill is to put constraints on how the results of the "basic skill test" may be used.

   

(October 11, March 20, 27 - Lapsed due to Prorogation)

 

EDUCATION (COMPULSORY SCHOOL AGE) AMENDMENT BILL

 

The purpose of this Bill is to ensure that children will be required to be enrolled at school and attend school up until they turn sixteen years, unless as fifteen year olds they have organised an apprenticeship, enrolled for full-time study at TAFE or they have been able to secure full-time employment.

   

(July 31 - Lapsed due to Prorogation)

 

EDUCATION (TEACHING SERVICE) AMENDMENT BILL

 

The purpose of this Bill is to facilitate teacher classification and employment practices arising from the 1989 Curriculum Guarantee Agreement between the South Australian Institute of Teachers and the then Minister of Education. The Curriculum Guarantee Agreement provided for restructuring of the teaching service. Significant features were -

 






a broader career structure to provide additional leadership positions in schools;
university and research the Advanced Skills Teacher (AST) classification which recognises and rewards outstanding classroom teachers;
fixed term appointments;
fall back arrangements to a particular classification after a specified period of service in a leadership position.

 

The Bill provides the necessary legal framework for the operation of the Curriculum Guarantee Agreement and its associated existing employment practices.

   

(February 14, March 26, April 2, 11 - Act No. 25 of 1996)

 

EQUAL OPPORTUNITY (APPLICATION OF SEXUAL HARASSMENT PROVISIONS) AMENDMENT BILL

 

This Bill extends the coverage of sexual harassment legislation to judicial officers, Members of Parliament and elected members in local government.

   

(July 3, 31, August 1 - Lapsed due to Prorogation)

 

EVIDENCE (SETTLEMENT NEGOTIATIONS) AMENDMENT BILL

 

This Bill deals with section 67c of the Evidence Act 1929, which protects the confidentiality of private dispute resolution.

 

The Bill seeks to repeal section 67c(2)(e). The Supreme Court in a judgment delivered on 13 December 1995 held that the effect of section 67c(2)(e) is that once a dispute has been settled any claim of privilege for communications or documents in connection with those successful negotiations ends. This interpretation of section 67c(2)(e) is arguably narrower than the common law and may inhibit settlement negotiations. Frank negotiations will be discouraged if parties to the negotiation know that communications made in the course of settlement of a dispute may be used in any subsequent litigation connected with the same subject matter.

 

The Bill also inserts a provision into the Act which makes it clear that evidence of communications made in the course of settlement negotiations can be adduced in proceedings to enforce an agreement to settle a dispute or proceedings in which the making of such an agreement is in issue.

   

(February 13, March 19, 21, April 10 - Act No. 26 of 1996)

 

EXPIATION OF OFFENCES BILL

 

This Bill sets out a set of rules for the enforcement of expiation notices which is a common scheme for all expiation notices.

 

The scheme will permit those who are assessed as suffering hardship if they are compelled to pay their expiation notices to access either a payment by instalments scheme or a community service scheme in lieu of payment.

 

The Scheme will permit the payment of expiation notices by credit card or debit card if the authority which issues the notice has that facility.

 

The Bill outlines a new scheme for community service which applies before the expiation matter goes to Court. This scheme has much in common with that which currently exists in the Criminal Law (Sentencing) Act, with the most important difference being that, under the Expiation scheme, the fee is worked off at $150 per day, and under the Sentencing scheme, a fine is worked off at $100 per day.

 

The new scheme also allows for "electronic enforcement" - that is, automatic conversion of the expiation notice to a Court order (i.e., a conviction and fine) after the period for expiation has elapsed and a reminder notice has been sent.

 

Unlike the current scheme, the new scheme makes the giving of reminder notices mandatory after the expiry of the expiation period. The right to make a late payment at any time before an enforcement order is made is preserved.

   

(November 29, February 7, 13, 15, April 2 - Act No. 26 of 1996)

 

FAIR TRADING (MISCELLANEOUS) AMENDMENT BILL

 

This Bill amends the Fair Trading Act to recognise the Commissioner for Consumer Affairs’ new role as a licensing authority and in order that the Commissioner’s powers under the Act, such as powers of investigation, are applicable with regard to those functions. The Bill amends section 14 to close a loophole in door-to-door trading whereby competition entry forms were being used to obtain lists of persons’ names and addresses for the purposes of door-to-door trading. The Bill also amends Part IX of the Act dealing with third-party trading stamps and substitutes a new section to address issues relevant to technological changes in the trading stamps area, including the electronic transfer of points.

   

(June 6, July 2, 4, 9, 31, August 1 - Act No. 64 of 1996)

 

FINANCIAL INSTITUTIONS (APPLICATION OF LAWS) (COURT JURISDICTION) AMENDMENT BILL

 

The purpose of this Bill is to repeal section 13 of the Financial Institutions (Application of Laws) Act 1992. Section 13 of the Act confers jurisdiction solely on the Queensland Supreme Court to hear all appeals under the Financial Institutions (South Australia) Code and the Australian Financial Institutions Commission (South Australia) Code. The repeal of section 13 is consistent with amendments in 1994 to the AFIC Code. As a result of those amendments, State Supreme Courts are now able to hear appeals from decisions of the Australian Financial Institutions Appeal Tribunal.

   

(March 20, 26, April 10 - Act No. 28 of 1996)

 

FIREARMS (PENALTIES) AMENDMENT BILL

 

The purpose of this Bill is to stiffen the penalties for many aspects of gun running in the State. The Bill proposes that specific penalties applying to the illegal sale, purchase, lending and giving of firearms be increased, as well as the penalties for gun owners who remain in possession of firearms after their licence has lapsed.

   

(June 5 - Lapsed due to Prorogation)

 

FOOD (LABELLING) AMENDMENT BILL

 

The purpose of this Bill is to ensure that food which has been either genetically engineered or irradiated will be labelled to that effect.

   

(July 10 - Lapsed due to Prorogation)

 

GREAT AUSTRALIAN BIGHT MARINE SANCTUARY BILL

 

This Bill seeks to establish a sanctuary over an area in the Great Australian Bight to protect the critical breeding and calving areas of the endangered southern right whale, and the breeding colonies of the rare Australian sea lions. The boundaries of the sanctuary and management provisions adopt in full the recommendations made to the Government in the draft management plan of the Great Australian Bight Marine Park which is dated February 1995 and which was prepared by the South Australian Research and Development Institute. Included in that plan are recommendations for the establishment of the sanctuary as part of the marine park.

   

(October 25, November 30, March 27 - Lapsed due to Prorogation)

 

LAW OF PROPERTY (PERPETUITIES AND ACCUMULATIONS) AMENDMENT BILL

 

This Bill will abolish the rules against perpetuities and accumulations. With the abolition of these rules there will be no time limit within which a disposition of property must be capable of vesting and no time limit on how long income can accumulate under a disposition.

   

(November 29, February 6, 13, 27 - Act No. 7 of 1996)

 

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to recognise the separation of the Legal Practitioners Complaints Committee from the Law Society and widen the powers of the existing disciplinary mechanisms which deal with legal practitioners in South Australia. This Bill is the first part of a wider review of the existing disciplinary processes to ensure that complaints against legal practitioners are dealt with expeditiously and fairly.

   

(November 30, February 6, 13, 14, March 27, April 2 - Act No. 10 of 1996)

 

LIQUOR LICENSING (DISCIPLINARY ACTION) AMENDMENT BILL

 

The purpose of this Bill is to rectify an existing deficiency in the Liquor Licensing Act whereby disciplinary actions can only be maintained against existing licensees.

 

The amendments will result in the ability of the Licensing Court to discipline persons other than only existing licensees, for instance, approved or former approved managers, persons who occupy or have occupied positions of authority in bodies corporate holding licences and persons directly deriving financial benefit from a liquor licence.

   

(November 30, February 6, March 26 - Act No. 8 of 1996)

 

MOTOR VEHICLES (HEAVY VEHICLES REGISTRATION CHARGES) AMENDMENT BILL

 

The purpose of this Bill is to introduce certain heavy vehicle reforms, which aim to achieve efficiencies in national transport, by establishing a nationally agreed set of business rules and charging regimes.

 

A heavy vehicle is defined as a bus, truck, prime mover or trailer, that has a gross vehicle mass or gross combination mass greater than 4.5 tonnes.

 

The national heavy vehicle registration charges have been developed by the National Road Transport Commission and have been determined using the principle that those who cause the greatest damage pay the highest price for access to the road network. The greater the on-road mass, the higher the registration charge. The charges are determined on a vehicle’s gross vehicle mass or gross combination mass, which is the maximum permissible fully laden mass at which the vehicle may be operated. By using this method, rather than the present method of calculating the charge according to the tare or unladen mass, the charge payable bears a greater relationship to the damage caused to the road.

   

(October 12, 18, 25, 26 - Act No. 77 of 1995)

 

MOTOR VEHICLES (MISCELLANEOUS) AMENDMENT BILL

 

This Bill deals with four distinct matters - the second phase of the Driver Intervention Programme, the provision of medical certificates by persons claiming against compulsory third party insurance, the requirement for vehicle owners and driver’s licence holders to notify a change of address and the waiting time between tests where a person fails the road law theory test.

   

(February 14, March 26, April 3 - Act No. 29 of 1996)

 

MOTOR VEHICLES (MISCELLANEOUS NO. 2) AMENDMENT BILL

 

This Bill deals with a range of matters including provision allowing the introduction of a simplified registration charging structure for light vehicles and the adoption of nationally agreed business rules to achieve greater uniformity in registration and licensing practices.

 

The Bill is complementary to the Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Act which introduced national uniform registration charges for buses, trucks, prime movers and trailers, with a gross vehicle mass or gross combination mass greater than 4.5 tonnes. This Bill deals with those vehicles under 4.5 tonnes and extends many of the initiatives in the Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Act, such as conditional and quarterly registrations, to the light vehicle fleet.

   

(March 20, 26, April 2, 10 - Act No. 30 of 1996)

 

MOTOR VEHICLES (TRADE PLATES) AMENDMENT BILL

 

The purpose of this Bill is to introduce a simple single trade plate system to replace the current "general" trader’s plate and "limited" trader’s plate system.

   

(November 29, February 6, May 29, 30, July 2, 31 - Act No. 65 of 1996)

 

OMBUDSMAN (MISCELLANEOUS) AMENDMENT BILL

 

This Bill provides for the establishment of a new Committee of Parliament to make recommendations relating to the appointment of the Ombudsman and to consider matters relating to the general operation of the Act and any other matter referred by the Minister. The Committee will be a Joint Committee and will be comprised of six Members. The recommendation of the Committee must be approved by resolution of both Houses of Parliament. The Bill also makes a number of amendments recommended by the Ombudsman in his recent Annual Reports.

   

(May 29, July 2, 11, 23 - Act No. 52 of 1996)

 

POLICE (COMPLAINTS AND DISCIPLINARY PROCEEDINGS) (MISCELLANEOUS) AMENDMENT BILL

 

This Bill seeks to make a number of amendments to the principal Act over a wide area. The main matters dealt with are -

 

Informal Complaint Resolution - a scheme for the resolution of minor complaints by informal means.

 

Power to Delegate - providing the Police Complaints Authority the power to delegate to a staff member of the Authority.

 

Complaints to which the Act applies - dealing with complaints by one police officer about the conduct of another.

 

Necessity for a Complaint - enabling the Authority to initiate an investigation without a complaint.

 

Disclosure by Witnesses - the Authority may direct witnesses not to disclose any information.

 

Offences - making it an offence for a civilian witness to furnish information or make a statement knowing that it is false or misleading.

 

Directions to Investigating Officer - the Authority to have the ability to direct police officers, however, the Police Commissioner may object.

 

Administration of the Act - committing the administration of the Act to the Attorney-General to keep the responsibility for policing and administration of the police separate and independent from complaints oversight.

   

(July 25 - Lapsed due to Prorogation)

 

RAIL SAFETY BILL

 

The purpose of this Bill is to bring the penalties in this Act into line with those imposed for misrepresentations under This Bill implements the Intergovernmental Agreement on Rail Safety 1995 which provides for a nationally consistent approach in railway safety regulation and a more competitive rail sector with the entry of third party operators.

   

(February 14, 20, March 26, April 2 - Act No. 31 of 1996)

 

REFERENDUM (WATER SUPPLY AND SEWERAGE SYSTEMS) BILL

 

This Bill seeks to have put to South Australians a referendum on the question of whether or not the Government should cause the management of all, or a major part, of the State’s public water supply and sewerage systems to be contracted out to a private body.

   

(November 22, 29 - Negatived in House of Assembly)

 

ROAD TRAFFIC (DIRECTIONS AT LEVEL CROSSINGS) AMENDMENT BILL

 

The purpose of this Bill is to give a Railway Authority employee the legal authority to regulate traffic across level crossings without the attendance of a police officer.

   

(March 26, April 2, 10 - Act No. 32 of 1996)

 

ROAD TRAFFIC (EXEMPTION OF TRAFFIC LAW ENFORCEMENT VEHICLES) AMENDMENT BILL

 

The purpose of this Bill is to provide exemptions to Police Security Services Division vehicles from compliance with certain parking requirements while carrying out duties associated with road traffic law enforcement.

   

(March 20, 26, April 3 - Act No. 33 of 1996)

 

ROAD TRAFFIC (MISCELLANEOUS) AMENDMENT BILL

 

The purpose of this Bill is to amend the Road Traffic Act 1961 to improve the safety of road workers at road work sites and to increase the range of vehicles which may operate outside the provisions of the Act. The Bill will provide flexibility in deciding the appropriate speed limit to be applied to individual work sites. It also introduces the use of buffer zones with gradually reducing speed limits on the approach to work sites.

   

(July 4, 10, August 1 - Act No. 66 of 1996)

 

ROADS (OPENING AND CLOSING) (PARLIAMENTARY DISALLOWANCE OF CLOSURES) AMENDMENT BILL

 

This Bill provides that not only is Ministerial approval necessary for the closure and sale of roadside reserves but approval would be subject to the disallowance of either House of Parliament.

   

(April 10, May 29, July 24, 31 - Lapsed due to Prorogation)

 

SECURITY AND INVESTIGATION AGENTS BILL

 

The purpose of this Bill is to regulate the activities of the security industry in this State. The Bill is directed towards greater efficiency in the administration of the licensing system for this industry by transferring licensing from the Commercial Tribunal to the Commissioner for Consumer Affairs and by changing the licensing system from one licence with eight endorsements to three distinct licences. The three licences are grouped to reflect the different functions of this diverse industry. The three licence model consists of -

 

1.
2.
3.

Investigation Agent;
Security Agent; and
Restricted Licence, which allows for the scope of work to be limited in any way.

 

The Bill requires agents to be fit and proper persons, to have sufficient business knowledge and experience and to have sufficient financial resources. As the assessment of these criteria involves a judgement on the part of the Commissioner, there will be a right of appeal from his decision to the Administrative and Disciplinary Division of the District Court on these criteria.

   

(October 18, 25, November 14, 16, 28 - Act No. 93 of 1995)

 

SOUTH AUSTRALIAN COUNTRY ARTS TRUST (REVIEW) AMENDMENT BILL

 

The purpose of this Bill is to reconstitute the South Australian Country Arts Trust. The Trust currently consists of ten members, including a member of each of the Country Arts Boards. It is proposed that the presiding members of the Country Arts Boards will, ex officio, become members of the Trust. As it is proposed to reduce the number of boards from five to four, the membership of the Trust is to be reduced from ten to nine persons.

 

The four new boards will be as follows -

 

Central Country Arts Board
Riverland/Mallee Country Arts Board
South East Country Arts Board
Western Country Arts Board.

 

Each Country Arts Board will be established in relation to a part of the State defined by proclamation.

 

A Country Arts Board will be constituted of between five and eight members (according to the number of members to be nominated by local residents and other persons of a prescribed class).

   

(September 27, October 12, November 14 - Act No. 78 of 1995)

 

SOUTH AUSTRALIAN WATER CORPORATION (PUBLIC INTEREST SAFEGUARDS) AMENDMENT BILL

 

This Bill seeks to ensure that the Government retains control of water pricing, assets and environmental standards. The Bill ensure that 80% of supply subcontracts for the local industry will go to Australian companies and that the contractor guarantees technology transfer to local firms under the contract. The Bill provides that SA Water must resume management of Adelaide’s water supply and sewerage systems if the contract is breached and provides that at least 60% of the successful contracting company must be Australian owned.

   

(October 25, November 29, 30, March 20, April 10 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (ADMINISTRATIVE AND DISCIPLINARY DIVISION OF DISTRICT COURT) BILL

 

The purpose of this Bill is to transfer the jurisdiction of certain administrative tribunals to the Administrative and Disciplinary Division of the District Court. Specifically:

 






the statutory jurisdiction conferred on the South Australian Metropolitan Fire Service Appeals Tribunal by the South Australian Metropolitan Fire Service Act 1936;
the statutory jurisdiction conferred on the Tobacco Products (Licensing) Appeal Tribunal by the Tobacco Products (Licensing) Act 1986;
the statutory jurisdiction conferred on the Towtruck Tribunal by the Motor Vehicles Act 1959.

   

(November 29, February 7, March 20, April 10, July 3, 11, 23 - Act No. 53 of 1996)

 

STATUTES AMENDMENT (ATTORNEY-GENERAL’S PORTFOLIO) BILL

 

This Bill makes minor, uncontroversial amendments to the Bail Act 1985, the Bills of Sale Act 1886, the Classification (Publications, Films and Computer Games) Act 1995, the Criminal Law Consolidation Act 1935, the Development Act 1993, the Domestic Violence Act 1994, the Enforcement of Judgments Act 1991, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Law of Property Act 1936, the Oaths Act 1936, the Prisoners (Interstate Transfer) Act 1982, the Second Hand Vehicle Dealers Act 1995, the Sheriff’s Act 1978, the Summary Procedure Act 1921 and the Supreme Court Act 1935.

   

(June 5, July 2, 9, 30, August 1 - Act No. 67 of 1996)

 

STATUTES AMENDMENT (COMMUNITY TITLES) BILL

 

This Bill results from a comprehensive review of all statutes of the State to accommodate the concept of community titles provided for in the Community Titles Bill. It has been necessary, in each Act of Parliament which currently refers to the Strata Titles Act, to assess what provision should be made for the Community Titles legislation.

   

(March 20, 26 - Act No. 38 of 1996)

 

STATUTES AMENDMENT (COURTS) BILL

 

This Bill makes a number of miscellaneous amendments to the Courts legislation. The main amendments are -

 

District Court Act 1991
The Bill amends section 18 of the principal Act by inserting a new subsection making it clear that the Registrar may exercise procedural or non-judicial powers of the courts assigned by the Chief Judge or the rules. This is equivalent to provisions currently in the Magistrates Court Act 1991.
Section 50 is amended to match the provisions relating to legal process contained in the Magistrates Court Act 1991.
Section 50A is amended to make it clear that the section refers to documents whether in civil or criminal proceedings.
Section 54 concerns public access to material on court files. The Bill provides that certain specified classes of material will only be available for inspection or copying with the permission of the court. The specified classes essentially cover materials that are potentially prejudicial or may be sensitive in some other respect. The regulations can also identify further kinds of material that should require permission.

 

Industrial and Employee Relations Act 1994
The Bill inserts a new section 19A in the principal Act, providing for the assignment of magistrates to act as industrial magistrates. The proposed section parallels the provision currently in the Act relating to the assignment of judges to the Industrial Relations Court (section 19).

 

Magistrates Act 1983
The Bill inserts a new section 18A in the principal Act to provide for suspension of a stipendiary magistrate’s remuneration, duties and other conditions of employment where the stipendiary magistrate holds a concurrent appointment for a fixed term. The section also makes it clear that the Chief Magistrate’s power to give directions is suspended in such a case.

 

Magistrates Act 1991
Section 38(3) of the principal Act currently requires the Magistrates Court, after giving judgement in a matter, to advise the judgement debtor and judgement creditor of certain rights. The subsection is amended to apply to any litigant in a minor civil action, whether or not the action involved a monetary claim.

 

Supreme Court Act 1935
The Bill amends section 39 of the principal Act to allow any person to apply to the court for an order relating to a vexatious litigant. Currently only the Attorney-General has the power to apply for orders under this section.

   

(October 19, 24 - Act No. 84 of 1995)

 

STATUTES AMENDMENT (COURTS ADMINISTRATION STAFF) BILL

 

The purpose of this Bill is to clarify the status of the staff of the Courts Administration Authority. The Courts Administration Authority is not an administrative unit of the Public Service. The Bill provides that the provisions of the Public Sector Management Act, except those provisions which are stated not to apply, apply to the staff of the State Courts Administration Council.

   

(October 26, November 14, 22 - Act No. 85 of 1995)

 

STATUTES AMENDMENT (DRINK DRIVING) BILL

 

The purpose of this Bill is to address anomalies between the Road Traffic Act and the Harbors and Navigation Act. Until recently the provision of these Acts dealing with drink driving had been similar. However, in a number of instances more recent amendments to the Road Traffic Act had not been incorporated into the Harbors and Navigation Act.

 

As the responsibilities and concentration required for driving are similar, whether on the water or the roads, there is a need to ensure that the law in both cases is similar. This Bill incorporates the previous amendments to the drink drive provisions of the Road Traffic Act and those now proposed into the Harbors and Navigation Act.

 

The Bill amends the Motor Vehicles Act to provide for a maximum blood alcohol concentration of 0.05 for a licensed driver accompanying a learner driver.

 

The Bill also amends the Road Traffic Act to ensure that provisions relating to the taking of blood alcohol samples are strengthened.

   

(October 26, November 21, 29 - Act No. 95 of 1995)

 

STATUTES AMENDMENT (MEDIATION, ARBITRATION AND REFERRAL) BILL

 

This Bill empowers the District Court, the Supreme Court and the Magistrates Court to refer the whole or any part of a civil proceeding for mediation with or without the consent of the parties. Mediators appointed under these provisions are accorded the same privileges and immunities as a judge and have such powers as the court may delegate. Evidence of anything said or done during the mediation is not subsequently admissible in the proceedings. Nor is a mediator required to disclose any information unless it is required by law. A judge, master, magistrate or other judicial officer who takes part in an attempt to settle an action is not disqualified from continuing to sit for the purpose of hearing and determining the matter.

   

(March 27, April 10, May 29, 30 - Act No. 46 of 1996)

 

STATUTES AMENDMENT (RACIAL VILIFICATION) BILL

 

This Bill provides for heavy fines and a prison sentence for people convicted of severe racial vilification which involves physical harm or threat of physical harm. The Bill places great emphasis on the conciliation of complaints of racial discrimination which are of a less serious nature and provides for compensation to be awarded to victims.

   

(September 27, November 30 - Lapsed due to Prorogation)

 

STATUTES AMENDMENT (SENTENCING OF YOUNG OFFENDERS) BILL

 

The Young Offenders Act 1993, the Youth Court Act 1993 and the Children’s Protection Act 1993 form the basis of juvenile justice in South Australia. The bulk of the amendments made in this Bill relate to the sentencing of young offenders but other pure drafting amendments are also included.

   

(April 10, May 30, June 4, 6, 10, 30, August 1 - Act no. 68 of 1996)

 

STATUTES AMENDMENT (SUNDAY AUCTIONS AND INDEMNITY FUND) BILL

 

The purpose of this Bill is to enable the Commissioner for Consumer Affairs to lawfully use moneys standing to the credit of the Indemnity Fund for purposes associated with the administration of the Land Agents Act 1994 and the Conveyancers Act 1994, in order to provide a high level of consumer protection through the monitoring of trust accounts of agents and conveyancers and, where necessary, conducting disciplinary actions to maintain the highest standards of practice within the real estate industry.

 

The Bill also removes the prohibition on Sunday auctions. This amendment will align real estate business practices in South Australia with those in all other States and Territories.

   

(October 25, 26, November 14, 16, 21, 29 - Act No. 96 of 1995)

STATUTES AMENDMENT AND REPEAL (COMMON EXPIATION SCHEME) BILL

 

The Bill makes consequential amendments to a number of Acts due to the adoption of a common expiation scheme.

   

(November 29, February 7, 13, April 2 - Act No. 34 of 1996)

STATUTES REPEAL AND AMENDMENT (COMMERCIAL TRIBUNAL) BILL

 

The purpose of this Bill is to transfer the jurisdiction conferred on the Commercial Tribunal, by the Trade Measurement Act, the Trade Measurement Administrative Act, the Survey Act, the Goods Securities Act and the Fair Trading Act to either the Administrative and Disciplinary Division of the District Court or, where appropriate, to the Consumer and Business Division of the Magistrates Court.

 

These amendments, in effect, discharge the remaining miscellaneous jurisdictions of the Commercial Tribunal. The Bill therefore, also repeals the Commercial Tribunal Act 1982 under which the Tribunal is established.

   

(October 11, 24, 25, November 21 - Act No. 82 of 1995)

SUMMARY OFFENCES (INDECENT OR OFFENSIVE MATERIAL) AMENDMENT BILL

 

The purpose of this Bill is to empower a court to look at the whole picture in making individualised judgment, rather than being artificially restricted in the matters to which it can have regard.

 

Amendments to the definitions of "indecent material" and "offensive material" have been made with a view to removing words which may be held to carry the inference of inherent indecency or offensiveness. The proposed amendment to section 33(4) gives the court a general discretion to take surrounding circumstances into account.

 

The current definition of "child pornography" refers to "likely to cause offence to reasonable adult members of the community". The current definition of "offensive material" refers to "cause serious and general offence amongst reasonable adult members of the community". The amendments make these tests consistent.

   

(September 27, October 12, 25 - Act No. 73 of 1995)

SUMMARY OFFENCES (OVERCROWDING AT PUBLIC VENUES) AMENDMENT BILL

 

The purpose of this Bill is to increase the powers of police to control overcrowding in places of public entertainment.

 

The definition of "public venue" in the Bill is deliberately wide to ensure that a number of public entertainment venues are included from a disco or club in a public hotel to warehouse parties and open air events.

   

(November 22, 29, 30 - Act No. 106 of 1995)

SUMMARY PROCEDURE (TIME FOR MAKING COMPLAINT) AMENDMENT BILL

 

The purpose of this Bill is to substitute section 52 of the Summary Procedure Act. Unless the Act by which an offence is created provides a different time limit (and quite a number do) the time limit for prosecuting a summary offence will be two years, unless the offence is expiable. If the offence is expiable, the time limit for commencing a prosecution is six months if an expiation notice has not been given to the alleged offender, but if an expiation notice has been given, the time limit is extended to six months from the end of the expiation period specified in the notice (i.e. 30 days or 60 days).

   

(November 29, February 6, 13, 15, April 2 - Act No. 35 of 1996)

TELECOMMUNICATIONS (INTERCEPTION) MISCELLANEOUS AMENDMENT BILL

 

The purpose of this Bill is to make amendments to the Telecommunications (Interception) Act as a result of amendments made to the Commonwealth Telecommunications (Interception) Act (the Federal Act).

 

The consequential amendments to the State Act include the following -

 










amendments to the definitions;
additional reporting responsibilities which will require the Commissioner of Police to provide the Attorney-General with details of the number of occasions on which communications have been intercepted pursuant to two newly created grounds for obtaining an interception warrant;
additional reporting responsibilities which will require the Commissioner of Police to provide the Attorney-General with details of the total expenditure incurred by the Police Force in connection with the execution of warrants during the year to which the report relates;
power for the Police Complaints Authority to give information to the Commonwealth Ombudsman if the Police Complaints Authority is satisfied that the information is relevant to the performance of the Commonwealth Ombudsman’s functions under the Federal Act.

   

(September 28, October 18 - Act No. 79 of 1995)

TRAVEL AGENTS BILL

 

The purpose of this Bill is to make the South Australian Travel Agents Act more contemporary and in line with the legislation in other States, thereby promoting a more nationally uniform approach to the regulation of travel agents. The Bill will also bring the legislation into line with changes that have been made following the review of other South Australian occupational licensing legislation during 1994 and 1995.

   

(February 15, March 21, April 2 - Act No. 11 of 1996)

TRUSTEE (VARIATION OF CHARITABLE TRUSTS) AMENDMENT BILL

 

The provisions of this Bill give the Attorney-General power to vary the purposes for which trust property is required or permitted to be applied if satisfied that a trust variation scheme proposed by the trustees accords, as far as reasonably practicable, with the spirit of the trust and is justified in the circumstances of the particular case.

 

The Attorney-General is given the power to vary the objects of charitable trusts where the value of the trust property does not exceed $250,000 or such other amount as may be prescribed.

   

(June 5, July 2, 11 - Act No. 50 of 1996)

WAR TERMS REGULATION ACT REPEAL BILL

 

The purpose of this Bill is to repeal the War Terms Regulation Act 1920 (SA). The Act was enacted to protect certain words synonymous with Australian fighting forces, namely, the words "Anzac", "Aussie", "returned soldier", "returned sailor", "repatriation", "Australian Imperial Force" and "A.I.F." or any word or expression associated with World War I. The Act prohibits the use of these words in the name of a trade, business, profession, private residence, boat, vehicle or any charitable institution unless the person first obtains the authority of the Attorney-General.

 

The Returned Soldiers League of Australia and the South Australian Branch of the League were consulted in relation to the proposed repeal of the South Australian Act. The League maintains the view that the only word for which it wishes to retain protection is the word "Anzac". This term is protected by the Protection of Word "Anzac" Regulations 1921 (Commonwealth) made under the War Precautions Act Repeal Act 1920 (Commonwealth). The League confirms that the protection afforded by these regulations is sufficient.

   

(September 27, October 10, 25 - Act No. 74 of 1995)

WILLS (EFFECT OF TERMINATION OF MARRIAGE) AMENDMENT BILL

 

This Bill amends section 22 of the Wills Act 1936 to provide that upon the date of the termination of a marriage (whether by divorce, annulment or declaration that the marriage is void) -

 

(a)
(b)
(c)

any beneficial gift in favour of the former spouse is revoked
any power of appointment conferred on a former spouse is revoked;
any appointment under the will of the former spouse is revoked,

 

unless a contrary intention appears from the terms of the will or a subsequent will or codicil confirms the testator’s original intention. Instead, any property is to pass as if the former spouse had predeceased the testator.

   

(March 20, 28, April 2, 10 - Act No. 39 of 1996)

WILLS (WILLS FOR PERSONS LACKING TESTAMENTARY CAPACITY) AMENDMENT BILL

 

This Bill amendments the Wills Act 1936 to vest power in the Supreme Court to make a will on behalf of a person who lacks testamentary capacity. A statutory will-making scheme is a means of providing a person lacking testamentary capacity with a will reflecting, as far as possible, current intentions or at least what his or her intentions would have been but for the disability.

   

(February 15, March 19, 21, April 3 - Act No. 36 of 1996)

WORKERS REHABILITATION AND COMPENSATION (MENTAL INCAPACITY) AMENDMENT BILL

 

The purpose of this Bill is to allow for lump sum compensation in the Workers’ Rehabilitation and Compensation Act for people who are genuinely left with a psychiatric disability or mental illness of some kind arising from employment.

   

(October 25, November 22, 29 - Lapsed due to Prorogation)

WORKERS REHABILITATION AND COMPENSATION (REVIEW OF DECISIONS ABOUT LOSS OF EARNING CAPACITY) AMENDMENT BILL

 

The purpose of this Bill is to ensure that persons who receive loss of economic capacity payment, at the stage of a two year review, have a right of appeal and that their payment would not be affected until that appeal has been duly processed.

   

(April 3 - Bill withdrawn in Legislative Council)