Minutes of the Proceedings

[SOUTH AUSTRALIA]

No. 17

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

WEDNESDAY 27 NOVEMBER 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. 1.

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. 73 of 1996 - An Act to amend the Motor Vehicles Act 1959.

No. 74 of 1996 - An Act to amend the Industrial and Employee Relations Act 1994.

No. 76 of 1996 - An Act to amend the MFP Development Act 1992.

No. 77 of 1996 - An Act to amend the Superannuation Funds Management Corporation of South Australia Act 1995.

Government House, Adelaide, 27 November 1996. E. J. NEAL, Governor.

Message from

Governor:

Assent to Bills.

The Minister for Transport (The Hon. D. V. Laidlaw), by leave, without notice, moved - That the sitting of the Council be not suspended during the continuation of the Conference on the Local Government (City of Adelaide) Bill.

Question put and passed.

Local

Government

(City of

Adelaide) Bill.

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

Legislative

Review

Committee -

Sixth Report,

1996-97.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of a Ministerial Statement made by the Minister for Recreation, Sport and Racing (The Hon. G. A. Ingerson, M.P.) concerning the World Class Sports Institute for the Parks.

Paper Tabled.

The Attorney-General tabled a Ministerial Statement made by the Minister for Primary Industries (The Hon. R. G. Kerin, M.P.) concerning Maximising the Value of the State’s South East Forests and the Report of the Forest Review Steering Committee.

Paper Tabled.

The Minister for Transport tabled a copy of “The Women’s Statement 1996 - Focus on Women”.

Paper Tabled.

The Minister for Education and Children’s Services (The Hon. R. I. Lucas), without notice, moved - That the Standing Orders be so far suspended as to enable Question Time to be extended until twenty-five minutes to four o’clock.

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 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.

10.

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

Statements

on Matters

of Interest.

11.

The Hon. R. R. Roberts, on behalf and at the request of the Hon. G. Weatherill, pursuant to notice, moved - That two weeks’ leave of absence be granted to the Hon. T. G. Roberts on account of illness.

Question put and passed.

Leave of

Absence -

The Hon.

T. G. Roberts.

12.

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

Postponement

of Business.

13.

The Hon. T. G. Cameron, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Fair Trading Act 1987.

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. C. V. Schaefer, the debate was adjourned until Wednesday next.

Fair Trading (Unconscionable Conduct) Amendment Bill.

14.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Public Finance and Audit Act 1987.

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. R. R. Roberts, the debate was adjourned until Wednesday next.

Public Finance

and Audit (Appointment

of Auditor-General) Amendment Bill.

15.

The Hon. M. J. Elliott, pursuant to notice, moved - 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.

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

Trialing of cannabinoid “dronabinal”

for medical

purposes -

Motion re.

16.

On the Order of the Day being read for the Report of the Select Committee on the Proposed Privatisation of Modbury Hospital to be brought up:

Ordered - That the time for bringing up the Report be extended until Wednesday,
5 February 1996.

Select Committee

on the Proposed Privatisation

of Modbury Hospital.

17.

On the Order of the Day being read for the Report of the Select Committee on the Outsourcing Functions undertaken by E&WS Department to be brought up:

Ordered - That the time for bringing up the Report be extended until Wednesday,
5 February 1996.

Select Committee

on the

Outsourcing Functions undertaken by

E&WS Department.

18.

On the Order of the Day being read for the Report of the Select Committee on the Tendering Process and Contractual Arrangements for the Operation of the New Mount Gambier Prison to be brought up:

Ordered - That the time for bringing up the Report be extended until Wednesday,
5 February 1996.

Select Committee

on the Tendering

Process and Contractual Arrangements

for the Operation of

the New Mount Gambier Prison.

19.

On the Order of the Day being read for the Report of the Select Committee on Contracting Out of State Government Information Technology to be brought up:

Ordered - That the time for bringing up the Report be extended until Wednesday,
5 February 1996.

Select Committee

on Contracting

Out of State Government Information Technology.

20.

On the Order of the Day being read for the Report of the Select Committee on Pre-School, Primary and Secondary Education in South Australia to be brought up:

Ordered - That the time for bringing up the Report be extended until Wednesday, 5 February 1996.

Select Committee

on Pre-School, Primary and Secondary

Education in

South Australia.

21.

Ordered - separately - That Orders of the Day (Private Business) No. 6 and No. 7 be Orders of the Day for Wednesday next.

Postponement

of Business.

22.

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.

On motion of the Hon. C. V. Schaefer, the debate was adjourned until Wednesday next.

Voluntary Euthanasia Bill.

23.

Ordered - That Order of the Day (Private Business) No. 9 be an Order of the Day for Wednesday next.

Postponement

of Business.

24.

Ordered - That Order of the Day (Private Business) No. 10 be postponed and taken into consideration on motion.

Postponement

of Business.

25.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. C. V. Schaefer - That the Regulations under the Occupational Health, Safety and Welfare Act 1986, concerning Petroleum and Mining Work, made on 22 August 1996 and laid on the Table of this Council on 1 October 1996, be disallowed:

Debate resumed.

On motion of the Hon. R. D. Lawson, the debate was adjourned until Wednesday next.

Occupational Health, Safety and Welfare Act - Regulations - Petroleum and Mining Work - Motion for disallowance of.

26.

On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. D. Lawson - That the Position Paper on Scrutiny of National Schemes of Legislation be noted.

Debate resumed.

On motion of the Attorney-General, the debate was adjourned until Wednesday next.

Position Paper on

Scrutiny of Legislation of National Schemes of Legislation

be noted -

Motion re.

27.

The Hon. M. J. Elliott, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Controlled Substances Act 1984.

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. C. A. Pickles, the debate was adjourned until Wednesday next.

Controlled Substances (Cannabis Decriminalisation)

Amendment Bill.

28.

Ordered - That the adjourned debate on the question - That the Voluntary Euthanasia (Referendum) Bill be now read a second time:

Debate resumed.

On motion of the Hon. T. Crothers, the debate was adjourned until Wednesday next.

Voluntary Euthanasia (Referendum)

Bill.

29.

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:

Debate resumed.

On motion of the Hon. L. H. Davis the debate was adjourned until Wednesday next.

Report of the Legislative

Review Committee,

1995-96
to be noted -

Motion re.

30.

Ordered - separately - That Orders of the Day (Private Business) No. 15 to No. 17 be Orders of the Day for Wednesday next.

Postponement

of Business.

31.

On the Order of the Day being read for the adjourned debate on the motion of the Attorney-General - That the Report of the Auditor-General 1995-96, be noted:

Question put and passed.

Report of the Auditor-General,

1995-96 -

be noted -

Motion re.

32.

Ordered - separately - That Orders of the Day (Private Business) No. 19 to No. 21 be Orders of the Day for Wednesday next.

Postponement

of Business.

33.

At ten 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.

34.

The Minister for Education and Children’s Services, pursuant to notice, moved - That this House congratulates the commitment and work of South Australian teachers and schools in both Government and non-Government sectors in achieving outstanding student results in the Third International Mathematics and Science Study (TIMSS) which had South Australia ranked ninth overall in Mathematics and seventh overall in Science in a survey in forty-five countries world-wide.

On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

South Australian Results in International Mathematics

and Science

Study -

Motion re.

35.

The Attorney-General, pursuant to notice, moved - That he have leave to amend the Associations Incorporation Act 1985.

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

Associations Incorporation (Miscellaneous) Amendment Bill.

36.

On the Order of the Day being read for the Report of the Select Committee on the Proposed Sale of Land at Carrick Hill to be brought up:

Ordered - That the time for bringing up the Report be extended until Thursday, 5 December 1996.

Select Committee

on the Proposed

Sale of Land

at Carrick Hill.

37.

On the Order of the Day being read for the Report of the Select Committee on the Waite Trust (Miscellaneous Variations) Bill to be brought up:

Ordered - That the time for bringing up the Report be extended until Thursday, 28 November 1996.

Select Committee

on the Waite Trust (Miscellaneous Variations)

Bill, 1996.

38.

Ordered - That Orders of the Day (Government Business) No. 3 and No. 4 be Orders of the Day for next day of sitting.

Postponement

of Business.

39.

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

Debate resumed.

On motion of the Hon. J.A.W. Levy, the debate was adjourned until next day of sitting.

Criminal

Assets

Confiscation

Bill.

40.

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.

41.

On the Order of the Day being read for the adjourned debate on the question - That the Motor Vehicles (Inspection) Amendment Bill be now read a second time:

Debate resumed.

On motion of the Hon. C. V. Schaefer, the debate was adjourned until next day of sitting.

Motor Vehicles

(Inspection) Amendment Bill.

42.

On the Order of the Day being read for the adjourned debate on the question - That the Roxby Downs (Indenture Ratification) (Amendment to Indenture) Amendment Bill be now read a second time:

Debate resumed.

On motion of the Hon. J. C. Irwin, the debate was adjourned until next day of sitting.

Roxby Downs (Indenture Ratification) (Amendment

to Indenture) Amendment Bill.

43.

On the Order of the Day being read for the adjourned debate on the question - That the Police (Contract Appointments) Amendment Bill be now read a second time:

Debate resumed.

On motion of the Hon. J. F. Stefani, the debate was adjourned until next day of sitting.

Police (Contract Appointments) Amendment Bill.

44.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Inspection) Amendment Bill be now read a second time:

Debate resumed.

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

Road Traffic (Inspection)

Amendment Bill.

45.

Ordered - That Orders of the Day (Government Business) No. 12 to No. 22 be Orders of the Day for next day of sitting.

Postponement

of Business.

46.

On the Order of the Day being read for the adjourned debate on the question - That the Equal Opportunity (Tribunal) 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 and No. 2 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.

Equal

Opportunity (Tribunal)

Amendment Bill.

47.

Ordered - That Order of the Day (Government Business) No. 24 be an Order of the Day for next day of sitting.

Postponement

of Business.

48.

On the Order of the Day being read for the adjourned debate on the question - That the Animal and Plant Control (Agricultural Protection and other Purposes) (Interim Control Boards) 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 and No. 2 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.

Animal and

Plant Control (Agricultural Protection and

other Purposes)

(Interim Control Boards)

Amendment Bill.

49.

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

Message No. 32

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to provide for the management of the State’s water resources; to repeal the Catchment Water Management Act 1995, the Water Resources Act 1990 and other Acts; and for other purposes, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 November 1996. G. M. GUNN, Speaker.

Bill read a first time.

The Minister for Transport 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:

Water Resources

Bill.

Message No. 33

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Industrial and Employee Relations Act 1994, to which it desires the concurrence of the Legislative Council.

House of Assembly, 27 November 1996. G. M. GUNN, Speaker.

Bill read a first time.

Ordered - That the second reading be an Order of the Day for next day of sitting.

Industrial and Employee Relations

(Transitional

Arrangements)

Amendment Bill.

Message No. 34

MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Development Plan under the Development Act 1993 that relates to the area of the City of Salisbury, to which it desires the concurrence of the Legislative Council.

House of Assembly, 26 November 1996. G. M. GUNN, Speaker.

Bill read a first time.

The Minister for Transport then moved - That this Bill be now read a second time.

On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

Development

Plan (City of

Salisbury -

MFP (The

Levels))

Amendment Bill.

Message No. 35

MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Police (Complaints and Disciplinary Proceedings) Act 1985, without any amendment.

House of Assembly, 27 November 1996. G. M. GUNN, Speaker.

Police (Complaints

and Disciplinary Proceedings) (Miscellaneous) Amendment Bill.

50.

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

Next Day

of Sitting.

51.

Council adjourned at nineteen minutes to eleven o’clock until tomorrow at eleven 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. 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

Server Error in '/' Application.

Runtime Error