Minutes of the Proceedings

[SOUTH AUSTRALIA]

No. 32

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 5 MARCH 1997

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. 5.

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. 2 of 1997 - An Act to amend the Bulk Handling of Grain Act 1955.

No. 3 of 1997 - An Act to amend the Development Act 1993 and make a related amendment to the Statutes Repeal and Amendment (Development) Act 1993.

No. 4 of 1997 - An Act to amend the Gas Act 1988.

Government House, Adelaide, 5 March 1997. E. G. NEAL, Governor.

Message from

Governor:

Assent to Bills.

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

The Legislative Review Committee has the honour to report that it is of the opinion that By-law No. 4 of the District Council of Renmark-Paringa made on 28 January 1997 and laid on the Table of this Council on 11 February 1997, be disallowed on the grounds that the By-law contains a provision which is ultra vires.

Legislative

Review

Committee -

Fourteenth

Report,

1996-97.

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

Legislative

Review

Committee -

Fifteenth Report

1996-97.

The Hon. R. D. Lawson brought up the Report of the Legislative Review Committee on the General Regulations under the Electricity Act 1996.

Legislative

Review

Committee -

Report on General

Regulations

under the

Electricity

Act 1996.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial statement made by the Minister for Information and Contract Services (The Hon. D. C. Brown, M.P.) concerning School Computers.

PaperTabled.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Premier (The Hon. J. W. Olsen, M.P.) concerning the EDS Building.

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 Future Plans for the ASER Complex.

Paper Tabled.

The Minister for Education and Children’s Services, without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended to enable him to complete a reply to a question asked by the Hon. P. Holloway.

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.

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

Statements

on Matters

of Interest.

11.

Ordered - That Notices of Motion (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

12.

Ordered - That Orders of the Day (Private Business) No. 1 and No. 2 be Orders of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

13.

The Hon. S. M. Kanck, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish the Ecologically Sustainable Energy Authority; to promote energy efficiency and for other purposes.

Question put and passed.

Bill introduced and read a first time.

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

On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 19 March 1997.

Ecologically Sustainable

Energy Bill.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council -

I. Condemns the Government for its repeated withholding of information from the Select Committee on Contracting out of State Government Information Technology and notes that the Government -

(a) has continued to refuse to supply a copy of the contract to the Committee;

(b) has not supplied a summary of a contract to the Select Committee despite an agreement signed between the Government and the Opposition on 9 August 1996;

(c) countermanded a request to all “Wave 1 Agencies” to supply answers to questions direct to the Select Committee by 22 November 1996. The Government instructed the agencies instead to send the answers to the Department of Information Industries and these have not been forwarded to the Select Committee; and

II. Requests that the Premier arrange for the immediate release to the Select Committee of full copies of the original answers from all “Wave 1 Agencies” which were prepared for the Select Committee but were diverted to the Department of Information Industries:

Debate resumed.

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

Select

Committee on Contracting

out of State Government Information Technology -

Motion re.

15.

Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

16.

Ordered - That Order of the Day (Private Business) No. 6 be postponed and taken into consideration on motion.

Postponement

of Business.

17.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. L. H. Davis - That the Report of the Statutory Authorities Review Committee on the Review of the Legal Services Commission (Part 2) be noted:

Debate resumed.

On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 19 March 1997.

Statutory

Authorities

Review

Committee -

Report on

Legal Services Commission

(Part 2) to be

noted -

Motion re.

18.

Ordered - That Order of the Day (Private Business) No. 8 be an Order of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

19.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Legislative Council acknowledges the continuing enormous contribution of primary industries to the economy of South Australia and, in particular, the positive effects which will flow from the second record grain harvest in two years:

Debate resumed.

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

Economic Contribution

of Primary Industries

in South

Australia -

Motion re.

Ordered - That Order of the Day (Private Business) No. 10 be an Order of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

21.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts -

I. That a Select Committee of the Legislative Council be appointed to inquire into matters surrounding the -

(a) termination of the employment of Mr. Michael Gleeson as Chief Executive of the South Australian Tourism Commission;

(b) attempts to terminate the employment of a senior executive of the Tourism Commission, Mr. Rod Hand;

(c) appointment of Ms. Anne Ruston to the position of General Manager of the Wine and Tourism Council of South Australia,

including the role of the Minister of Tourism, The Hon. G. A. Ingerson, M.P., in these matters.

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

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

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

Debate resumed.

Issues

Relating

to the

Employment

of Certain

Persons

and the Role

of the Minister

for Tourism -

Motion for

Select

Committee.

The Minister for Education and Children’s Services tabled a copy of a Statutory Declaration from Mr. John Lamb, Chairman, South Australian Tourism Commission, dated 5 December 1996, together with a document concerning the Wirrina Resort.

On motion of the Hon. J. F. Stefani, the debate was adjourned until Wednesday, 19 March 1997.

Papers

Tabled.

22.

Ordered - That Order of the Day (Private Business) No. 12 be an Order of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

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

Debate resumed.

On motion of the Hon. R. D. Lawson, the debate was adjourned and ordered to be resumed on motion.

Fair Trading (Unconscionable Conduct)

Amendment

Bill.

24.

At one minute 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.

25.

Ordered - That the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council -

I. Condemns the Government for its repeated withholding of information from the Select Committee on Contracting out of State Government Information Technology and notes that the Government -

(a) has continued to refuse to supply a copy of the contract to the Committee;

(b) has not supplied a summary of a contract to the Select Committee despite an agreement signed between the Government and the Opposition on 9 August 1996;

Select

Committee on Contracting

out of State Government Information Technology -

Motion re.

Debate resumed.

Question put.

Committee divided:

Ayes, 9.

The Hon. T. G. Cameron

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

Noes, 8.

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. B.S.L. Pfitzner

The Hon. A. J. Redford

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. K. T. Griffin (Teller)

So it was resolved in the affirmative.

26.

The Hon. M. J. Elliott, according to order, moved - That he have leave to introduce a Bill for an Act to amend the Development Act 1993.

Question put and passed.

Bill introduced and read a first time.

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

On motion of the Hon. A. J. Redford, the debate was adjourned until Wednesday, 19 March 1997.

Development

(Tele-

communications)

Amendment

Bill.

27.

Ordered - That the adjourned debate on the question - That the Fair Trading (Unconscionable Conduct) Amendment Bill be now read a second time - be now resumed.

Debate resumed.

On motion of the Hon. R. R. Roberts, the debate was adjourned until Wednesday, 19 March 1997.

Fair Trading (Unconscionable Conduct)

Amendment Bill.

28.

Ordered - That the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Legislative Council acknowledges the continuing enormous contribution of primary industries to the economy of South Australia and, in particular, the positive effects which will flow from the second record grain harvest in two years - be now resumed.

Debate resumed.

Question put and passed.

Economic Contribution of

Primary Industries

in South Australia -

Motion re.

29.

Ordered - That Order of the Day (Private Business) No. 14 be an Order of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

30.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Legislative Council requests that the Minister for Health extend the trialing of cannabinoid “dronabinal” for medical purposes to include the trialing of cannabis to eligible patients:

Debate resumed.

On motion of the Hon. G. Weatherill, the debate was adjourned until Wednesday, 19 March 1997.

Trialing of cannabinoid “dronabinal”

for medical

purposes -

Motion re.

31.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. A. J. Redford - That this Council deplores the actions of the Australian Workers Union and affiliated metals unions for their unnecessary bans and pickets on Tuesday, 12 November 1996, which caused so much inconvenience and distress to public transport users, especially year twelve students at their exam time:

Debate resumed.

Public Transport

Bans and Pickets -

Motion re.

The Hon. S. M. Kanck moved to amend the motion by leaving out all words after “That this Council” and inserting the following:

“recognises that -

I. the industrial actions of the Australian Workers Union and affiliated metals unions on Tuesday, 12 November, inconvenienced public transport users especially some year twelve students who had to arrange alternative transport in order to reach their examination centres;

II. that the unions concerned saw no other course of action but to withdraw their labour in order to bring certain industrial relations issues to a head.”

On motion of the Minister for Transport, the debate was adjourned until Wednesday, 19 March 1997.

32.

Ordered - separately - That Orders of the Day (Private Business) No. 17 to No. 20 be Orders of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

33.

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

Debate resumed.

On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday, 19 March 1997.

Controlled Substances (Cannabis Decriminalisation)

Amendment Bill.

34.

Ordered - separately - That Orders of the Day (Private Business) No. 22 to No. 27 be Orders of the Day for Wednesday, 19 March 1997.

Postponement

of Business.

35.

Ordered - separately - That Orders of the Day (Government Business) No. 1 and No. 2 be Orders of the Day for next day of sitting.

Postponement

of Business.

36.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Water Resources Bill.

In the Committee

Clause No. 2 further considered and agreed to.

Clause No. 3 amended and agreed to.

Clauses No. 4 and No. 5 agreed to.

Clause No. 6 read.

Water Resources

Bill.

The Hon. M. J. Elliott moved on page 8, after line 14, to insert new word and paragraph as follows:

“and -

(c) that ensures as far as practicable that available water is shared on a fair basis.”

Question - That the amendment be agreed to - put and negatived.

Clause No. 6 agreed to.

Clause No. 7 amended and agreed to.

Clauses No. 8 to No. 11 agreed to.

Clause No. 12 read.

The Hon. M. J. Elliott moved on page 14, after line 21, to insert paragraph as follow:

“(ab) to authorise a person to erect, construct or enlarge contour banks to divert surface water solely for the purpose of preventing or reducing soil erosion.”

The Hon. Minister for Transport moved on page 14, after line 21, to insert paragraph as follow:

“(ab) to authorise a person to erect, construct or enlarge contour banks to divert surface water solely for the purpose of preventing or reducing soil erosion but only if -

(i) the land concerned is in the district of a soil conservation board under the Soil Conservation and Land Care Act 1989; and

(ii) an approved district plan or approved property plan that includes guidelines, recommendations or directions in relation to the erection or construction of contour banks is in force; and

(iii) the contour banks are erected or constructed in accordance with those guidelines, recommendations or directions.”

Question - That new paragraph (ab), as proposed to be inserted by the Hon. M. J. Elliott, be so inserted - put and negatived.

Question - That new paragraph (ab), as proposed to be inserted by the Minister for Transport, be so inserted - put and passed.

Clause No. 12, as amended and otherwise amended, agreed to.

Clauses No. 13 and No. 14 agreed to.

Clause No. 15 amended and agreed to.

Clauses No. 16 and No. 17 agreed to.

Clause No. 18 amended and agreed to.

Clauses No. 19 to No. 21 agreed to.

Clause No. 22 amended and agreed to.

Clauses No. 23 to No. 33 agreed to.

Clause No. 34 amended and agreed to.

Clause No. 35 agreed to.

Clause No. 36 amended and agreed to.

Clause No. 37 amended and agreed to.

Clause No. 38 amended and agreed to.

Clause No. 39 amended and agreed to.

Clauses No. 40 to No. 44 agreed to.

Clause No. 45 read.

The Hon. M. J. Elliott moved on page 36, lines 23 to 28, to leave out subclause (4) and insert new subclause as follows:

“(3a) Subject to subsection (4), the Minister must make information referred to in subsection (1)(d) publicly available.

(4) Where a person has provided information of a kind to which this subsection applies (see subsection (3)(c)) under subsection (3)(b), the Minister -

(a) must seek the consent of the person who provided the information to make it publicly available and must make it publicly available if consent is given;

(b) must not disclose that information to another person without the consent of the person who provided it.”

To report progress and ask leave to sit again.

_____________________

The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on next day of sitting.

37.

Ordered - That Orders of the Day (Government Business) No. 4 and No. 5 be Orders of the Day for next day of sitting.

Postponement

of Business.

38.

Ordered - That Order of the Day (Government Business) No. 6 be postponed and taken into consideration on motion.

Postponement

of Business.

39.

Ordered - That Order of the Day (Government Business) No. 7 be an Order of the Day for next day of sitting.

Postponement

of Business.

40.

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

Debate resumed.

On motion of the Hon. T. G. Roberts, the debate was adjourned until next day of sitting.

Supply Bill.

41.

Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.

Postponement

of Business.

42.

Ordered - That the adjourned debate on the question - That the Alice Springs to Darwin Railway Bill be now read a second time:

Debate resumed.

On motion of the Hon. R. R. Roberts, the debate was adjourned until next day of sitting.

Alice Springs

to Darwin

Railway Bill.

43.

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

Message No. 70

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Stamp Duties Act 1923, to which it desires the concurrence of the Legislative Council.

House of Assembly, 5 March 1997. G. M. GUNN, Speaker.

Bill read a first time.

The Minister for Education and Children’s Services then moved - That this Bill be now read a second time.

On motion of the Hon. R. R. Roberts, the debate was adjourned until next day of sitting.

Messages from House of

Assembly:

Stamp Duties (Miscellaneous) Amendment Bill.

Message No. 71

MR. PRESIDENT - The House of Assembly has agreed to the amendments made by the Legislative Council in the State Records Bill, without any amendment.

House of Assembly, 5 March 1997. G. M. GUNN, Speaker.

State Records

Bill.

44.

Council adjourned at thirteen minutes to twelve o’clock until tomorrow at fifteen minutes past two o’clock.

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. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill