Minutes of the Proceedings

[SOUTH AUSTRALIA]

No. 20

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 4 DECEMBER 1996

Council met pursuant to adjournment. The President (The Hon. H.P.K. Dunn) took the Chair.

The President read prayers.

Meeting of

Council.

A Messenger from the Governor having been announced by Black Rod, the following Message was received and read:

Message No. 4.

The Governor informs the Legislative Council that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz.:

No. 75 of 1996 - An Act to amend the Lottery and Gaming Act 1936.

No. 78 of 1996 - An Act to transfer certain business of ANZ Executors & Trustee Company (South Australia) Limited to ANZ Executors & Trustee Company Limited; to amend the Trustee Companies Act 1988; and for other purposes.

Government House, Adelaide, 4 December 1996. E. J. NEAL, Governor.

Message from

Governor:

Assent to Bills.

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

By the Minister for Education and Children’s Services (The Hon. R. I. Lucas) -

Response to Environment, Resources and Development Committee - Twenty-Second Report into Aspects of the MFP.

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

Reports, 1995-96 -

Commissioner for Equal Opportunity.

State Emergency Services.

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

Institute of Medical and Veterinary Science - Report, 1995-96.

South Australian Housing Trust - Code of Practice.

City of Hindmarsh and Woodville Local Heritage Plan Amendment Report - Report on the Interim Operation.

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

Reports, 1995-96 -

South Australian Country Arts Trust.

Telstra Adelaide Festival 96.

Carrick Hill Trust - Independent Audit Report.

Papers.

The Hon. R. D. Lawson brought up the Seventh Report, 1996-97 of the Legislative Review Committee, which was read by the Clerk as follows:-

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

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

Regulation referred to:-

MFP Development Act 1992 - Land Excluded from Core Site.

Legislative

Review

Committee -

Seventh Report,

1996-97.

The Hon. R. D. Lawson brought up the Eighth Report, 1996-97 of the Legislative Review Committee.

Legislative

Review

Committee -

Eighth Report,

1996-97.

The Hon. R. D. Lawson brought up the Report of the Legislative Review Committee on Regulations under the Firearms Act 1977, together with Minutes of Evidence.

Legislative Review

Committee -

Report on

Regulations under the Firearms

Act 1977.

The Hon. L. H. Davis brought up the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 1).

Ordered - That the Report be printed. (Paper No. 192)

Statutory

Authorities

Review

Committee -

Report on the Review of the

Legal Services Commission

(Part 1).

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the Jimmy Barnes New Year’s Eve concert.

Paper

Tabled.

The Minister for Education and Children’s Services tabled a copy of a Ministerial Statement made by the Treasurer (The Hon. S. J. Baker, M.P.) concerning the Sale of 333 Collins Street.

Paper

Tabled.

10.

The Attorney-General, by leave, without notice, moved - That the Select Committee on the Waite Trust (Miscellaneous Variations) Bill, 1996 have leave to meet during the sitting of the Council this day.

Question put and passed.

Select Committee

on the Waite Trust (Miscellaneous Variations)

Bill, 1996 -

Leave to meet

during sitting

of the Council.

11.

In accordance with Sessional Standing Order, the President called on Members to make Statements on Matters of Interest.

Statements on Matters of Interest.

12.

The Hon. R. R. Roberts, pursuant to notice, moved - That

That the Legislative Council -

I. censures the Minister for Education and Children’s Services for providing an asbestos classroom to Mimili School against the express wishes of the Mimili Community Council Incorporated, the Nganampa Health Council Incorporated and the Anangu Pitjantjatjara Services Aboriginal Corporation;

II. calls on the Minister to abide by the Anangu Pitjantjatjara Services Aboriginal Corporation order issued on 4 October 1996 to remove the building from the Pitjantjatjara Lands and make the site clean; and

III. calls on the Minister to provide appropriate classrooms to children at the Mimili School following consultation with the appropriate school, community and local governing authorities.

Debate ensued.

And the Minister for Education and Children’s Services having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 5 February 1997.

Censure of

Minister for Education and Children’s

Services -

Motion re.

13.

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

Message No. 40

MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Police (Contract Appointments) Amendment Bill, without any amendment.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Messages from House of

Assembly:

Police

(Contract Appointments) Amendment

Bill.

Message No. 41

MR. PRESIDENT - The House of Assembly has disagreed to the amendments made by the Legislative Council in the Electricity Bill. The House of Assembly returns the Bill herewith and desires its reconsideration.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Bill read a first time.

Ordered - That the Message be taken into consideration forthwith.

The President then left the Chair and the Concil resolved itself into a Committee of the Whole for the consideration of the Message.

In the Committee

Resolved - That the amendments be insisted on.

_____________________

The President resumed the Chair, and reported accordingly; whereupon the Council adopted such report.

Electricity

Bill.

14.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Members of Parliament (Register of Interests) Act 1983.

Question put and passed.

Bill introduced and read a first time.

The Hon. T. G. Cameron then moved - That this Bill be now read a second time.

On motion of the Hon. J. C. Irwin, the debate was adjourned until Wednesday, 5 February 1997.

Members of Parliament

(Register of Interests)

(Returns) Amendment

Bill.

15.

The Hon. J.A.W. Levy, pursuant to notice, moved - That this Council congratulates Christy Hill, a student at Lockleys Primary School, for being the National winner, as well as the South Australian winner, of the “Nestle Write Around Australia” short story competition.

Debate ensued.

Question put and passed.

Christy Hill -

Motion re.

16.

The Hon. L. H. Davis, without notice, moved - That the Standing Orders be so far suspended as to enable him to move a motion forthwith concerning the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 1).

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

Suspension of

Standing

Orders.

The Hon. L. H. Davis moved - That the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 1) be noted:

Debate ensued.

And the Hon. J.A.W. Levy having obtained leave to conclude her remarks, the debate was adjourned and ordered to be resumed on motion.

Statutory

Authorities

Review

Committee -

Report on

Legal Services Commission

(Part 1) to be

noted -

Motion re.

17.

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

Message No. 42

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to allow vocational agricultural training and certain other appropriate activities on land that is subject to the terms of the Peter Waite Trust for the establishment of an agricultural high school; to free from that trust the land occupied by Unley High School; and for other purposes, without any amendment.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Messages from House of

Assembly:

Waite Trust (Miscellaneous Variations)

Bill.

Message No. 43

MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the Adoption (Miscellaneous) Amendment Bill, without any amendment.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Adoptions

(Miscellaneous) Amendment

Bill.

Message No. 44

MR. PRESIDENT - The House of Assembly requests that a Conference may be granted to it respecting certain amendments in the Electricity Bill. In the event of a Conference being agreed to, the House of Assembly will be represented at the Conference by five Managers.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Ordered - That a Message be sent to the House of Assembly granting a Conference as requested by that House; and that the time and place for holding the same be the Plaza Room at the hour of 10.00 p.m. this day and that the Hon. P. Holloway, the Hon. S. M. Kanck, the Hon. R. D. Lawson, the Hon. C. A. Pickles and the Minister for Education and Children’s Services be the Managers on the part of this House.

Electricity

Bill.

18.

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

Message No. 45

MR. PRESIDENT - The House of Assembly has disagreed to the amendment made by the Legislative Council in the Fisheries (Protection of Fish Farms) Amendment Bill. The House of Assembly returns the Bill herewith and desires its reconsideration.

Ordered - That the Message be taken into consideration on motion.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Messages from House of

Assembly:

Fisheries

(Protection

of Fish Farms) Amendment

Bill.

Message No. 46

MR. PRESIDENT - In reply to Message No. 36 from the Legislative Council, the House of Assembly agrees to the time and place appointed by the Legislative Council for holding the Conference.

House of Assembly, 4 December 1996. G. M. GUNN, Speaker.

Electricity

Bill.

19.

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

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

Suspension and

Resumption of

Sitting.

20.

Ordered - That the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee on the Legal Services Commission (Part 1) be noted - be now resumed.

Debate resumed.

On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 5 February 1997.

Statutory

Authorities

Review

Committee -

Report on

Legal Services Commission

(Part 1) to be

noted -

Motion re.

21.

The Hon. R. D. Lawson, pursuant to notice, moved - That the General Regulations under the Firearms Act 1977, made on 5 September 1996 and laid on the Table of this Council on 1 October 1996, be disallowed.

Debate ensued.

Ordered - That Order of the Day (Private Business) No. 1 be discharged.

Firearms Act - General

Regulations -

Motion for disallowance of.

Business

Discharged.

22.

Ordered - That Order of the Day (Private Business) No. 2 be discharged.

Business

Discharged.

23.

Ordered - separately - That Orders of the Day (Private Business) No. 3 to No. 6 be Orders of the Day for Wednesday, 5 February 1997.

Postponement

of Business.

24.

Ordered - That Order of the Day (Private Business) No. 7 be postponed and taken into consideration on motion.

Postponement

of Business.

25.

Ordered - separately - That Orders of the Day (Private Business) No. 8 to No. 13 be Orders of the Day for Wednesday, 5 February 1997.

Postponement

of Business.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Report of the Legislative Review Committee 1995-96, be noted:

Question put and passed.

Report of the Legislative

Review

Committee

1995-96 to be

noted -

Motion re.

27.

Ordered - That Order of the Day (Private Business) No. 15 be an Order of the Day for Wednesday, 5 February 1997.

Postponement

of Business.

28.

Ordered - That Order of the Day (Private Business) No. 16 be discharged.

Business Discharged.

29.

Ordered - That Order of the Day (Private Business) No. 17 be postponed and taken into consideration on motion.

Postponement

of Business.

30.

Ordered - separately - That Orders of the Day (Private Business) No. 18 to No. 20 be Orders of the Day for Wednesday, 5 February 1997.

Postponement

of Business.

31.

The Attorney-General, pursuant to notice, moved - That he heave leave to introduce a Bill to provide a means of discharging or replacing charitable trusts affecting property held by the St. John Ambulance; to provide for the disposition of property; and for other purposes.

Question put and passed.

Bill introduced and read a first time.

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

On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.

St. John

(Discharge

of Trusts)

Bill.

32.

Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be Orders of the Day for next day of sitting.

Postponement

of Business.

33.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be postponed and taken into consideration on motion.

Postponement

of Business.

34.

Ordered - That Orders of the Day (Government Business) No. 6 and No. 7 be Orders of the Day for next day of sitting.

Postponement

of Business.

35.

On the Order of the Day being read for the adjourned debate on the question - That the South Eastern Water Conservation and Drainage (Contributions) Amendment Bill be now read a second time:

Debate resumed.

On motion of the Hon. B.S.L. Pfitzner, the debate was adjourned and ordered to be resumed on motion.

South Eastern

Water

Conservation

and Drainage

(Contributions)

Amendment Bill.

36.

Ordered - That Order of the Day (Government Business) No. 9 be postponed and taken into consideration on motion.

Postponement

of Business.

37.

Ordered - That Orders of the Day (Government Business) No. 10 to No. 12 be Orders of the Day for next day of sitting.

Postponement

of Business.

38.

On the Order of the Day being read for the adjourned debate on the question - That the Irrigation (Conversion to Private Irrigation District) Amendment Bill be now read a second time:

Debate resumed.

Question put and passed.

Bill read a second time.

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

In the Committee

Clauses No. 1 to No. 10 agreed to.

New clause No. 11 inserted.

Title agreed to.

_____________________

The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with an amendment; whereupon the Council adopted such report.

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

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

Irrigation

(Conversion to Private Irrigation District)

Amendment

Bill.

39.

Ordered - That the adjourned debate on the question - That the South Eastern Water Conservation and Drainage (Contributions) Amendment Bill be now read a second time - be now resumed.

Debate resumed.

Question put and passed.

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

South Eastern

Water

Conservation

and Drainage (Contributions)

Amendment Bill.

40.

Ordered - That the adjourned debate on the question - That the South Australian Ports (Bulk Handling Facilities) Bill be now read a second time - be now resumed.

Debate resumed.

Question put and passed.

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

South Australian Ports (Bulk

Handling Facilities) Bill.

41.

Ordered - That Orders of the Day (Government Business) No. 14 to No. 16 be Orders of the Day for next day of sitting.

Postponement

of Business.

42.

On the Order of the Day being read for the adjourned debate on the question - That the Development Plan (City of Salisbury - MFP (The Levels)) Amendment Bill be now read a second time:

Debate resumed.

Question put and passed.

Bill read a second time.

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

In the Committee

Clauses No. 1 to No. 4 agreed to.

Schedule agreed to.

Title agreed to.

_____________________

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

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

Question put and passed.

Bill read a third time.

Resolved - That this Bill do now pass.

Development

Plan (City of

Salisbury -

MFP (The

Levels))

Amendment Bill.

43.

The Minister for Transport, without notice, moved - That the Standing Orders be so far suspended as to enable him to move - That the Order given this day for Order of the Day (Government Business) No. 10 to be an Order of the Day for next day of sitting, be discharged.

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

Suspension of Standing

Orders.

The Minister for Transport moved - That the Order given this day for Order of the Day (Government Business) No. 10 to be an Order of the Day for next day of sitting be discharged.

Question put and passed.

Business Discharged.

44.

Ordered - That the adjourned debate on the question - That the Local Government (Miscellaneous Provisions) Amendment Bill be now read a second time - be now resumed.

Debate resumed.

Question put and passed.

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

Local

Government (Miscellaneous Provisions)

Amendment Bill.

45.

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

Postponement

of Business.

46.

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

Next Day

of Sitting.

47.

Council adjourned at four minutes past eleven o’clock p.m. until tomorrow at eleven o’clock a.m.

Adjournment.

_________________________

Members present during any part of the sitting:

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. M. J. Elliott

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. J.A.W. Levy

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

Member absent on leave - The Hon. T. G. Roberts