SOUTH AUSTRALIA]
No. 65
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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WEDNESDAY 14 NOVEMBER 2001
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1. |
Council met pursuant to adjournment. The President (The Hon. J. C. Irwin) took the Chair. The President read prayers.
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Meeting
of |
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2. |
The following Papers were laid upon the Table, viz.: By the Treasurer (The Hon. R. I. Lucas) - Reports, 2000-2001 - Clare Valley Water Resources Planning Committee. Eyre Region Water Resources Planning Committee. Mallee Water Resources Planning Committee. Northern Adelaide and Barossa Catchment Water Management Board. River Murray Catchment Water Management Board. South East Catchment Water Management Board. Water Well Drilling Committee. Progress in implementing the State Water Plan 2000, during 2000-2001 - Report prepared for the South Australian Parliament by the Minister for Water Resources. By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) - Australian Dance Theatre - Report, 2000. Community Information Strategies Australia - Report, 2000-2001.
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Papers. |
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3. |
The Hon. A. J. Redford brought up the Thirty-Third Report, 2000-2001, of the Legislative Review Committee, which was read by the Clerk as follows - The Regulation, Rule of Court and By-laws listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters 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 the Regulation referred to - Summary Offences Act 1953 - Searches. Rule of Court - Environment, Resources and Development Court Act 1993 - Environment, Resources and Development Court - Native Title 2001. By-laws referred to - Regional Council of Light - By-law No. 3 - Streets and Roads. Regional Council of Light - By-law No. 4 - Local Government Land.
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Legislative
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4. |
The Hon. A. J. Redford brought up the Thirty-Fourth Report, 2000-2001, of the Legislative Review Committee.
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Legislative
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5. |
The President called on Members to make Statements on Matters of Interest. |
Statements
on
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6. |
Ordered - That Notice of Motion (Private Business) No. 2 be an Order of the Day for Wednesday, 28 November 2001.
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Postponement
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7. |
The Hon. N. Xenophon, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Local Government Act 1999. Question put and passed. Bill introduced and read a first time. The Hon. N. Xenophon then moved - That this Bill be now read a second time. 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. And the Minister for Transport and Urban Planning having obtained leave to conclude her remarks, the debate was adjourned until Wednesday, 28 November 2001.
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Local
Government |
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8. |
The Hon. T. G. Cameron, pursuant to notice, moved - That the Legislative Council requests the Auditor-General to provide the following information in accordance with the Auditor-General’s Annual Report 1999-2000 - |
Information
from |
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I. |
(a) |
Was 17 per cent ($1.6 million) of the budget of the Auditor-General’s Department spent on various consultancies? |
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(b) |
If so, for what purposes were the following expenses incurred, including to whom they were paid and the respective amounts paid - |
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(i) |
contract audit fees of $687,000; |
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(ii) |
various consultancies of $192,000; and |
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(iii) |
special investigations of $775,000? |
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(c) |
(i) |
Was a competitive tendering process undertaken for all of these consultancies; and |
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(ii) |
If not, what other process was used and what was the reason? |
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II. |
Why does the Schlumberger contract (mentioned on page 123) not require formal review, such as the annual performance appraisal and the triennial review, like all other SA Water contracts? |
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III. |
What matters of concern were found by Pannell Kerr Forster, the auditors auditing the Auditor-General’s Department, in a management letter dated 18 August 2000 (as referred to on page 595) of the Report? |
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The Hon. T. G. Cameron, by leave, tabled a letter to him from the Treasurer, dated 8 October 2001. Debate ensued. And the Treasurer having obtained leave to conclude his remarks, the debate was adjourned until Wednesday, 28 November 2001.
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Paper Tabled. |
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9. |
The Hon. S. M. Kanck, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to amend the Nuclear Waste Storage Facility (Prohibition) Act 2000. 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. A. J. Redford, the debate was adjourned until Wednesday, 28 November 2001.
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Nuclear
Waste |
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10. |
The Hon. I. Gilfillan, pursuant to notice, moved - I. That, should the Joint Committee on Impact of Dairy Deregulation on the Industry in South Australia complete its Report while both Houses are not sitting, the Committee may present its Report to the Presiding Officers of the Legislative Council and the House of Assembly, who are hereby authorised, upon presentation, to publish and distribute that Report prior to the Tabling of the Report in both Houses of Parliament; and II. That a Message be sent to the House of Assembly requesting its concurrence.
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Joint
Committee
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Debate ensued. Question put and passed.
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11. |
Ordered - That Order of the Day (Private Business) No. 1 be an Order of the Day for Wednesday, 28 November 2001.
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Postponement
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12. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. N. Xenophon - I. That this Council expresses its deep concern over the material presented and allegations contained in the ABC’s Four Corners Report entitled “Expert Witness” broadcast on 22 October 2001, involving Dr. Colin Manock, Forensic Pathologist, and the evidence he gave from 1968-1995 in numerous criminal law cases; II. Further, this Council calls on the Attorney-General to request an inquiry by independent Senior Counsel or a retired Supreme Court Judge to report whether there are matters of substance raised by the Four Corners Report that warrant further formal investigation; and III. That the Attorney-General subsequently report, in an appropriate manner, to this Council on the allegations made in the Four Corners Report and their impact on the administration of justice in this State.: Debate resumed. On motion of the Hon. T. G. Roberts, the debate was adjourned until Wednesday, 28 November 2001.
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Matters
and
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13. |
Ordered - separately - That Orders of the Day (Private Business) No. 3 and No. 4 be postponed and taken into consideration on motion.
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Postponement
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14. |
Ordered - That Order of the Day (Private Business) No. 5 be an Order of the Day for next day of sitting.
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Postponement
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15. |
Ordered - That Order of the Day (Private Business) No. 6 be postponed and taken into consideration on motion.
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Postponement
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16. |
Ordered - That Order of the Day (Private Business) No. 7 be an Order of the Day for Wednesday, 28 November 2001.
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Postponement
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17. |
Ordered - That Order of the Day (Private Business) No. 8 be postponed and taken into consideration on motion.
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Postponement
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18. |
On the Order of the Day being read for the adjourned debate on the question - That the Referendum (Gaming Machines) Bill be now read a second time: Debate resumed. On motion of the Hon. A. J. Redford, the debate was adjourned and ordered to be resumed on motion.
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Referendum
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19. |
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.
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Suspension
and
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20. |
Ordered - separately - That Orders of the Day (Private Business) No. 10 to No. 13 be Orders of the Day for Wednesday, 28 November 2001.
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Postponement
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21. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Standing Orders Committee of the Legislative Council prepare amendments to the Standing Orders to provide for a significant increase in the number of Questions without Notice asked each sitting day: Debate resumed. The Treasurer moved to leave out all words after “Legislative Council” and insert “to be asked to consider the operation of question time in the Legislative Council, including the average number of Questions without Notice asked and, if considered necessary, to recommend possible changes to the Standing Orders”.
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Number
of
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Question - That the words proposed to be struck out by the Treasurer, stand part of the motion - put and negatived. Question - That the words proposed to be inserted by the Treasurer, be so inserted - put and passed. Question - That the motion moved by the Hon. M. J. Elliott, and as amended by the Treasurer, be agreed to - put and passed.
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22. |
On the Order of the Day being read for the adjourned debate on the question - That the Parliamentary Superannuation (Preservation of Pensions) Amendment Bill be now read a second time: Debate resumed. On motion of the Hon. L. H. Davis, the debate was adjourned until Wednesday, 28 November 2001.
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Parliamentary
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23. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. M. J. Elliott - That the Standing Orders Committee of the Legislative Council prepare amendments to the Standing Orders to provide for an Estimates Committee examination of the Appropriation Bills in the Legislative Council in future years: Debate resumed. On motion of the Hon. P. Holloway, the debate was adjourned until Wednesday, 28 November 2001.
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Standing
Orders
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24. |
Ordered - That the adjourned debate on the question - That the Referendum (Gaming Machines) Bill be now read a second time - be now resumed. Debate resumed. Question put. |
Referendum
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Council divided: Ayes, 5 The Hon. T. G. Cameron The Hon. M. J. Elliott The Hon. I. Gilfillan The Hon. S. M. Kanck The Hon. N. Xenophon (Teller)
So it passed in the negative.
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Noes, 16 The Hon. T. Crothers The Hon. L. H. Davis The Hon. J.S.L. Dawkins The Hon. K. T. Griffin The Hon. P. Holloway The Hon. D. V. Laidlaw The Hon. R. D. Lawson 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. R. K. Sneath The Hon. J. F. Stefani The Hon. C. Zollo The Hon. R. I. Lucas (Teller)
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25. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. T. G. Cameron, pursuant to notice, moved - I. That a Select Committee of the Legislative Council be appointed to investigate and report upon the financial activities which lead to the collapse of G. C. Growden Pty. Ltd. (Mortgage Investments), the financial and legal implications for the investors involved and any other related matter; II. That the Committee consist of six Members and that the quorum of Members necessary to be present at all meetings of the Committee be fixed at four Members and 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.
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Collapse
of
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Debate resumed. Question - That the motion be agreed to - put. |
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Council divided: Ayes, 6 The Hon. T. Crothers The Hon. M. J. Elliott The Hon. I. Gilfillan The Hon. S. M. Kanck The Hon. N. Xenophon The Hon. T. G. Cameron (Teller)
So it passed in the negative.
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Noes, 15 The Hon. L. H. Davis The Hon. J.S.L. Dawkins The Hon. P. Holloway 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. R. K. Sneath The Hon. J. F. Stefani The Hon. C. Zollo The Hon. K. T. Griffin (Teller)
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26. |
On the Order of the Day being read for the adjourned debate on the motion of the Hon. R. R. Roberts - That he be ordered to lay on the Table the Fundraising Plan of the Liberal Party of Australia and associated statistical material: Debate resumed. Question - That the motion be agreed to - put and negatived.
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Order
to Table |
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27. |
Ordered - That the remaining Orders of the Day (Private Business) be Orders of the Day for Wednesday, 28 November 2001.
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Postponement
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28. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 20 be Orders of the Day for next day of sitting.
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Postponement
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29. |
The following Messages from the House of Assembly were received and read: Message No. 124 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Retirement Villages Act 1987 and to make a related amendment to the Residential Tenancies 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, 13 November 2001. J.K.G. OSWALD, Speaker. Schedule of the amendment made by the House of Assembly No. 1. Clause 3, page 3, lines 9 to 19 - Leave out paragraphs (b) and (c). G. D. MITCHELL, Clerk of the House of Assembly. Ordered - That the Message be taken into consideration on next day of sitting.
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Messages
from
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Message No. 125 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Authorised Betting Operations Act 2000 and the Racing Act 1976, to which it desires the concurrence of the Legislative Council. House of Assembly, 14 November 2001. J.K.G. OSWALD, Speaker. Bill read a first time. Ordered - That the second reading be taken into consideration on motion.
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Statutes
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Message No. 126 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Controlled Substances Act 1984, to which it desires the concurrence of the Legislative Council. House of Assembly, 14 November 2001. J.K.G. OSWALD, Speaker. Bill read a first time. The Treasurer 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.
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Controlled
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Message No. 127 MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to regulate marine and inland aquaculture; to amend the Environment Protection Act 1993 and the Fisheries Act 1982; and for other purposes, to which it desires the concurrence of the Legislative Council. House of Assembly, 14 November 2001. J.K.G. OSWALD, Speaker. Bill read a first time. The Attorney-General 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.
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Aquaculture Bill. |
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30. |
Ordered - That the Council, at its rising, do adjourn until tomorrow at eleven o’clock a.m.
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Next Day of Sitting.
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31. |
Council adjourned at twelve o’clock midnight until tomorrow at eleven o’clock a.m.
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Adjournment. |
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_________________________
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Members present during any part of the sitting:
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The Hon. T. G. Cameron The Hon. T. Crothers The Hon. L. H. Davis The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. I. Gilfillan The Hon. K. T. Griffin
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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. R. K. Sneath The Hon. J. F. Stefani The Hon. N. Xenophon The Hon. C. Zollo |
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