[SOUTH AUSTRALIA]

No. 24

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

WEDNESDAY  3  MARCH  1999

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of

Council.

 

   2.

Answers to Questions on Notice Nos. 75, 93 and 121 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to

Questions on

Notice.

 

   3.

The Hon. A. J. Redford brought up the Ninth Report, 1998-99 of the Legislative Review Committee, which was read by the Clerk as follows:-

                 The Regulations listed hereunder are at present being considered by the Legislative Review Committee.  Evidence is being taken on this matter 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 consideration has been given to the Regulation, the Committee may decide to take no further action.

                 Regulation referred to:

                          Children’s Service Act 1985 - Child Care Centres.

 

Legislative

Review

Committee -

Ninth Report

1998-99.

 

   4.

The Hon. A. J. Redford brought up the Tenth Report, 1998-99 of the Legislative Review Committee.

 

Legislative Review Committee -

Tenth Report,

1998-99.

 

   5.

The Treasurer (The Hon. R. I. Lucas) tabled a copy of a Ministerial Statement made by the Minister for Primary Industries, Natural Resources and Regional Development (The Hon.
R. G. Kerin, M.P.) concerning Regional Communities.

 

Paper

Tabled.

   6.

The Attorney-General (The Hon. K. T. Griffin) tabled a copy of the Ministerial Statement made by the Minister for Government Enterprises (The Hon. M. H. Armitage, M.P.) concerning a minor typographical error made in documents tabled in the House of Assembly concerning Payments to Dr. Laurie Hammond.

 

Paper

Tabled.

   7.

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

 

Statements on

Matters of

Interest.

 

   8.

Ordered - That Notice of Motion (Private Business) No. 1 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

   9.

The Hon. S. M. Kanck, pursuant to notice, moved - That the following be referred to the Standing Committee on Environment Resources and Development -

         I.      The economic, social and environmental impacts of the closure, at various heights, of Adelaide City Council’s Wingfield Waste Management Centre;

        II.      The economic, social and environmental impacts of transporting waste to alternative near metropolitan and rural waste depot sites as a consequence of the closure of the Wingfield Waste Management Centre; and

       III.      Any other related matter.

                 Debate ensued.

                 And the Minister for Transport and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned until Wednesday next.

 

Closure of Adelaide City Council’s

Wingfield Waste Management

Centre - Environment, Resources and Development Committee to Investigate -

Motion re.

 

10.

The Hon. A. J. Redford, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Hon. A. J. Redford 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.

 

Road Traffic (Notification

of Use of Photographic Detection Devices) Amendment Bill.

11.

Ordered - That Notice of Motion (Private Business) No. 4 be an Order of the Day for Wednesday next.

 

Postponement

of Business.

12.

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

 

Business

Discharged.

 

13.

Ordered - separately - That Orders of the Day (Private Business) No. 2 and No. 3 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

14.

On the Order of the Day being read for the adjourned debate on the motion of the Hon.
A. J. Redford - That the Annual Report of the Legislative Review Committee, 1997-98, be noted:

                 Debate resumed.

                 Question put and passed.

 

Legislative Review

Committee -

Annual Report,

1997-98 to be

noted -

Motion re.

 

15.

Ordered - separately - That Orders of the Day (Private Business) No. 4 to No. 9 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

16.

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

 

Postponement

of Business.

17.

Ordered - separately - That Orders of the Day (Private Business) No. 11 and No. 12 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

18.

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 notes the drug policies of the Netherlands and Switzerland and their impacts, and therefore -

         I.      Supports the separation of the cannabis market from the market of other illegal drugs; and

        II.      Calls on the Federal Government to allow the proposed heroin prescription trial to proceed in Australia.

                 Debate resumed.

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

 

Drug Policies of

the Netherlands

and Switzerland - Motion re.

19.

Ordered - separately - That Orders of the Day (Private Business) No. 14 to No. 21 be Orders of the Day for Wednesday next.

 

Postponement

of Business.

20.

Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

Postponement

of Business.

21.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 6 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

22.

On the Order of the Day being read for the adjourned debate on the question - That the Criminal Law Consolidation (Intoxication) 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.

                          Clause No. 3 amended and 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 with amendments; 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.

 

Criminal Law

Consolidation

(Intoxication)

Amendment Bill.

 

23.

Ordered - That Orders of the Day (Government Business) No. 8 to No. 17 be postponed and taken into consideration after Order of the Day (Government Business) No. 18.

 

Postponement

of Business.

24.

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

                 Debate resumed.

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

 

Shearers Accommodation

Act Repeal Bill.

25.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Evidence (Confidential Communications) Amendment Bill.

 

In the Committee

 

                          Clause No. 4 further considered.

                 The Hon. C. A. Pickles moved on page 3, lines 16 to 19, to leave out subsection (3) and insert the following:

                                             “(3)  A public interest immunity arising under this section may be waived by the victim or alleged victim of the sexual offence but cannot be waived by the counsellor or therapist or any other party to the protected communication.”

The Attorney-General moved on page 3, line 19, after “offence” to insert “or the guardian of the victim or the alleged victim”.

Question - That all words in subsection (3) down to and including “offence” stand as printed - put and passed.

Question - That the words proposed to be inserted by the Attorney-General, be so inserted - put and passed.

        Clause No. 4, as amended and otherwise amended, 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 with amendments; 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.

 

Evidence (Confidential Communications) Amendment Bill.

26.

Ordered - That Orders of the Day (Government Business) No. 8 and No. 9 be Orders of the Day for next day of sitting.

 

Postponement

of Business.

27.

On the Order of the Day being read for the adjourned debate on the question - That the Road Traffic (Miscellaneous No. 2) 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. 35 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 Minister for Transport and Urban Planning, 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.

 

Road Traffic

(Miscellaneous

No. 2)

Amendment Bill.

28.

Ordered - That Order of the Day (Government Business) No. 11 be an Order of the Day for next day of sitting.

 

Postponement

of Business.

29.

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

                 Debate resumed.

                 And the Hon. I. Gilfillan having obtained leave to conclude his remarks, the debate was adjourned until next day of sitting.

 

Listening Devices (Miscellaneous) Amendment Bill.

 

30.

Council adjourned at twenty-nine minutes past six 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. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

 

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

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

The Hon. N. Xenophon

The Hon. C. Zollo