Minutes of the Proceedings

[SOUTH AUSTRALIA]

No. 47

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 9 JULY 1997

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

The President read prayers.

Meeting of

Council.

The President tabled the Report of the Auditor-General on Summary of Confidential Government Contract under Section 41A of the Public Finance and Audit Act 1987 relating to Modbury Hospital, dated July 1997.

Answers to

Questions on

Notice.

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

Legislative

Review

Committee - Twentieth

Report, 1996-97.

The Hon. R. D. Lawson brought up the Report and Minutes of Evidence taken by the Legislative Review Committee on Regulations under the Education Act 1972 concerning Materials and Service Charges.

Legislative

Review

Committee -

Report and

Evidence on Education Act - Regulations - Materials and Service Charges.

The Hon. P. Nocella, by leave, tabled a copy of a letter from him to Mr Alex Gardini, dated 8 July 1997.

Paper Tabled.

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

Statements

on Matters

of Interest.

The Hon. A. J. Redford, pursuant to notice, moved - That this Council censures the Hon. Paola Nocella for -

I. Falsely declaring in the Legislative Council on Wednesday, 4 June 1997, that Mr. Alex Gardini, President of ANFE (Associazione Nazionale Famiglie Emigrati) had stated on Radio 5EBI-FM that he was horrified that the activities of the Office of Multicultural and Ethnic Affairs resembled the activities of the KGB or the Polish UB;

II. Misleading the Parliament by making the false claims in the Parliament on Wednesday, 4 June 1997;

III. Distributing a copy of a Hansard transcript to Mr. Gardini which deliberately omitted the false claim he made about Mr. Gardini and the answer given by the Minister for Education and Children’s Services to the questions asked,

and calls on the Hon. Mr. Nocella to apologise publicly to Mr. Gardini.

Censure of the

Hon. P. Nocella - Motion re.

The Hon. A. J. Redford, by leave, tabled a copy of a document titled “Briefing Notes on the Italian Community in SA”.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of a letter to the Premier (The Hon. J. W. Olsen, M.P.) from Mr. Alessandro Gardini, President, Associazione Nationale Famiglie degli Emigrati Inc., dated 29 May 1997.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of a letter to Mr. Alessandro Gardini, President, Associazione Nationale Famiglie degli Emigrati Inc. from The Hon. M. D. Rann, M.P., Leader of the Opposition, dated 30 May 1997.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of a facsimile to Mr. A Gardini, President, ANFE, from The Hon. P. Nocella, dated 5 June 1997, together with an extract from Hansard of 4 June 1997 and a document titled “Briefing Notes on the Italian Community in SA”.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of Hansard proofs from the Legislative Council on 4 June 1997, turns 508 and 509.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of a letter to the Hon. P. Nocella from Mr. Alessandro Gardini, President, Associazione Nationale Famiglie degli Emigrati Inc., dated 5 June 1997.

Paper Tabled.

The Hon. A. J. Redford, by leave, tabled a copy of a letter to the Minister for Education and Children’s Services (The Hon. R. I. Lucas) from Mr. Alessandro Gardini, President, Associazione Nationale Famiglie degli Emigrati Inc., dated 8 June 1997.

Paper Tabled.

Debate ensued.

On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 23 July 1997.

Paper Tabled.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to establish a system for creating or preserving open space for the purpose of nature conservation, environmental protection, active or passive outdoor recreation, heritage protection, aesthetics and for other purposes.

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.

And the Hon. M. J. Elliott, having obtained leave to conclude his remarks, the debate was adjourned and ordered to be resumed on motion.

Public Open

Space Bill.

At one minute past six o’clock the sitting was suspended until the ringing of the bells.

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

Suspension and

Resumption of

Sitting.

10.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That the Regulations under the Industrial and Employee Relations Act 1994 concerning Unfair Dismissals, made on 29 May 1997 and laid on the Table of the Council on 3 June 1997, be disallowed:

Debate resumed.

On motion of the Hon. M. J. Elliott, the debate was adjourned until Wednesday, 23 July 1997.

Industrial and Employee

Relations Act - Regulations -

Unfair Dismissals -

Motion for Disallowance of.

11.

Ordered - That the adjourned debate on the question - That the Public Open Space Bill be now read a second time - be now resumed.

Debate resumed.

On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 23 July 1997.

Public Open

Space Bill.

12.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Final Report of the Joint Committee on Living Resources be noted:

Debate resumed.

On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday, 23 July 1997.

Joint Committee on Living Resources - Final Report

to be noted -

Motion re.

13.

Ordered - That Orders of the Day (Private Business) No. 3 to No. 17 be postponed and taken into consideration after Order of the Day (Private Business) No. 18.

Postponement

of Business.

14.

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

Debate resumed.

Question put.

Committee divided:

Voluntary Euthanasia Bill.

Ayes, 13.

The Hon. T. Crothers

The Hon. M. J. Elliott

The Hon. S. M. Kanck

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

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. T. G. Roberts

The Hon. G. Weatherill

The Hon. J.A.W. Levy (Teller)

Noes, 8.

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. J. C. Irwin (Teller)

So it was resolved in the affirmative.

Bill read a second time.

The Hon. J.A.W. Levy, pursuant to contingent notice, moved -

I. That this Bill be referred to a Select Committee;

II. That Standing Order No. 389 be so far 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 reported to the Council; and

IV. That Standing Order No. 396 be suspended 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 ensued.

Question put.

Committee divided:

Ayes, 18.

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. S. M. Kanck

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. R. I. Lucas

The Hon. P. Nocella

The Hon. B.S.L. Pfitzner

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. G. Weatherill

The Hon. J.A.W. Levy (Teller)

Noes, 3.

The Hon. J. C. Irwin

The Hon. R. R. Roberts

The Hon. A. J. Redford (Teller

So it was resolved in the affirmative.

The Hon. J.A.W. Levy moved - That the Select Committee consist of the Hon. T. G. Cameron, the Hon. S. M. Kanck, the Hon. B.S.L. Pfitzner, the Hon. C. V. Schaefer and the mover.

Question put and passed.

Select

Committee Appointed.

The Hon. J.A.W. Levy moved - That the Select Committee have power to send for persons, papers and records and to adjourn from place to place, have leave to sit during the recess and report on the first day of next session.

Question put and passed.

15.

Ordered - That Order of the Day (Private Business) No. 21 be taken into consideration before Order of the Day (Private Business) No. 3.

Order of

Business.

16.

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.

Question put.

Committee divided:

Controlled Substances (Cannabis Decriminalisation)

Amendment

Bill.

Ayes, 8.

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. S. M. Kanck

The Hon. J.A.W. Levy

The Hon. P. Nocella

The Hon. T. G. Roberts

The Hon. G. Weatherill

The Hon. M. J. Elliott (Teller)

Noes, 11.

The Hon. L. H. Davis

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. J. C. Irwin

The Hon. R. D. Lawson

The Hon. D. V. Laidlaw

The Hon. B.S.L. Pfitzner

The Hon. R. R. Roberts

The Hon. C. V. Schaefer

The Hon. J. F. Stefani

The Hon. A. J. Redford (Teller)

So it passed in the negative.

17.

Ordered - separately- That Orders of the Day (Private Business) No. 3 to No. 5 be Orders of the Day for Wednesday, 23 July 1997.

Postponement

of Business.

18.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the First Report of the South Australian Constitutional Advisory Council on South Australia and Proposals for an Australian Republic be noted:

Debate resumed.

_____________________

And it being twelve of the clock:

THURSDAY 10 JULY 1997

_____________________

Question put and passed.

First Report of the South Australian Constitutional Advisory Council

on South Australia and Proposals for

an Australian

Republic to

be noted -

Motion re.

19.

Ordered - That the remaining Orders of the Day (Private Business) be made Orders of the Day for Wednesday, 23 July 1997.

Postponement

of Business.

20.

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

Postponement

of Business.

22.

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

Message No. 121

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Retail Shop Leases Act 1995, with the amendment indicated by the annexed Schedule, to which amendment the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 9 July 1997. G. M. GUNN, Speaker.

Messages from

House of Assembly:

Retail Shop Leases

Amendment Bill.

Schedule of the amendment made by the House of Assembly

Clause 10, page 5, line 23 [proposed section 20C(1)] - Insert “entered into after the commencement of this Division” after “centre”.

G. D. MITCHELL, Clerk of the House of Assembly.

Ordered - That the Message be taken into consideration on next day of sitting.

Message No. 122

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to regulate the sale, supply and consumption of liquor; to repeal the Liquor Licensing Act 1985; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council.

House of Assembly, 9 July 1997. G. M. GUNN, Speaker.

Liquor

Licensing

Bill.

Schedule of the amendments made by the House of Assembly

No. 1. Clause 11, page 9, line 30 - Insert “if the information is disclosed in a form that does not identify the person to whom it relates -” before “to any other person”.

No. 2. Clause 107, page 54, lines 15 to 17 - Leave out subclause (2) and insert -

“(2) However, this section does not prevent the employment of a minor to sell, supply or serve liquor on licensed premises if the minor is of or above the age of 16 years and -

(a) the minor is a child of the licensee or manager of licensed premises; or

(b) -

(i) the minor is undertaking a prescribed course of instruction or training; and

(ii) the licensee has been given an apparently genuine certificate issued by the person in charge of the course approving the employment for the purposes of the course; and

(iii) the licensee complies with any conditions of approval stated in the certificate with respect to the employment of the minor; and

(iv) the minor is adequately supervised at all times while selling, supplying or serving liquor in the course of the employment.”

No. 3. Clause 119, page 60, lines 32 and 33 - Leave out subparagraph (vii).

G. D. MITCHELL, Clerk of the House of Assembly.

Ordered - That the Message be taken into consideration on next day of sitting.

23.

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

24.

Council adjourned at nine minutes past twelve o’clock midnight until today at eleven o’clock am.

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