SOUTH AUSTRALIA]
No. 27
MINUTES OF THE PROCEEDINGS
OF THE
LEGISLATIVE COUNCIL
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THURSDAY 29 MARCH 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
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2. |
The Attorney-General (The Hon. K. T. Griffin), without notice, moved - That the Standing Orders be so far suspended as to enable Petitions, the Tabling of Papers and Question Time to be taken into consideration at fifteen minutes past two 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.
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Suspension
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3. |
Ordered - That Orders of the Day (Government Business) No. 1 to No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 4.
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Postponement |
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4. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.
In the Committee
Clause No. 10 further considered. The Hon. T. G. Cameron moved on page 9, line 19, to leave out “200 metres” and insert “the prescribed distance”. The Hon. T. G. Cameron moved on page 9, line 22, to leave out “8” and insert “10” and on page 9, after line 30, to insert new subclause as follows: |
Prostitution (Regulation) Bill. |
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“(2) In this section— "prescribed area" in the City of Adelaide means— (a) the area within the "Central Activities District" or the "Frame District" as defined in the Adelaide (City) Development Plan under the Development Act 1993 (as in force from time to time); or (b) if regulations are made prescribing an area in the City of Adelaide for the purposes of this section—the area so prescribed (to the exclusion of the area referred to in paragraph (a)); "prescribed distance", in relation to the site of a development, means— (a) in the case of a site within the prescribed area in the City of Adelaide—100 metres; (b) in any other case—200 metres.” |
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The Minister for Transport and Urban Planning moved on page 9, lines 1 to 30, to leave out the clause and insert new clause as follows: “Consents for developments involving brothels 10. (1) The following applies in relation to a development involving the establishment of a brothel or a change in the use of land to use as a brothel: (a) the Development Assessment Commission is to be regarded as having been constituted under the Development Act 1993 as the relevant authority; (b) instead of assessing the development against, and granting a consent (a provisional development plan consent) in respect of, the provisions of the appropriate Development Plan, the Development Assessment Commission must assess the development and grant a consent in accordance with this section; (c) the application for consent— (i) must be made in the same way as an application for a provisional development plan consent; and
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(ii) in addition, must be accompanied by a statutory declaration of the proposed operator of each sex business to be carried on at or from the brothel— (A) certifying that the operator will be able to lawfully carry on the business at or from the brothel and that, to the best of the operator's knowledge and belief, each other person proposed to be involved in the business may lawfully be so involved; and (B) complying with any other requirements prescribed by the regulations; (d) subject to the following paragraphs, the Development Assessment Commission has a discretion to grant a consent in respect of the development; (e) the Development Assessment Commission is to consider the application and refuse consent (without further dealing with the application under the Development Act 1993) if, in the opinion of the Development Assessment Commission— (i) the site of the development is situated within 200 metres of a place primarily used as— (A) a school or other place for the education of children; or (B) a place for the care or recreation of children; or (C) a church or other place of worship; or (D) a community centre; or (ii) the brothel would have more than 8 rooms available for the provision of sexual services; (f) if the application is not refused under paragraph (e)— |
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(i) the development is to be regarded as having been assigned to Category 2; and (ii) Category 2 is to be taken to require notice of the application to be given, in accordance with the regulations under the Development Act 1993, to an owner or occupier of each piece of land with a street frontage on the same street (or streets) as the site of the proposed development and any part of which is within 200 metres of that site (in addition to the persons to whom notice is required to be given under that Act); |
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(g) in making its decision on an application, the Development Assessment Commission— (i) must have regard to the following matters: (A) whether the site of the development is situated— × in a part of an area zoned or set apart under a Development Plan for residential use; or × in a part of an area in which residential use is, according to a Development Plan, to be encouraged; (B) the proximity of the site of the development to a place primarily used as— × a school or other place for the education of children; or × a place for the care or recreation of children; or × a church or other place of worship; or × a community centre; (C) whether, in its opinion, the brothel would, in conjunction with other brothels in the area, tend to establish a red light district ie an inappropriately high concentration of brothels in the same area; (D) an assessment of the development against the provisions of the appropriate Development Plan (but the Development Assessment Commission is not bound by those provisions); (E) an assessment of the development against any other criteria prescribed by the regulations; and (ii) may have regard to any other matter the Development Assessment Commission considers appropriate; (h) the Development Assessment Commission—
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(i) must give the council for the area in which the development is to be undertaken a reasonable opportunity to provide a report on relevant matters under the Development Act 1993 as modified by this Division; and (ii) may presume that the council does not desire to provide a report if one is not received within 6 weeks after the council received the application for consent or such longer period as the Development Assessment Commission allows; and (iii) must give proper consideration to a report of a council under this paragraph but is not bound by any recommendation contained in the report; (i) if the Development Assessment Commission grants a consent under this Division, the consent is to be regarded as a provisional development plan consent for the purposes of the Development Act 1993.” The Hon. C. A. Pickles moved to amend new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, by leaving out from subclause (1)(e)(ii) “8” and inserting “5”. Question - That all words in clause No. 10 down to but excluding “200 metres” in line 19, stand as printed - put. |
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Committee divided: Ayes, 6 The Hon. J.S.L. Dawkins The Hon. R. R. Roberts The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. N. Xenophon The Hon. C. Zollo (Teller)
So it passed in the negative. |
Noes, 10 The Hon. T. G. Cameron The Hon. M. J. Elliott The Hon. K. T. Griffin The Hon. S. M. Kanck The Hon. R. D. Lawson The Hon. C. A. Pickles The Hon. A. J. Redford The Hon. T. G. Roberts The Hon. R. K. Sneath The Hon. D. V. Laidlaw (Teller) |
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Question - That the remaining words in clause No. 10 stand as printed - put and negatived. Clause No. 10 struck out. 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 motion.
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5. |
At six minutes past one o’clock the sitting was suspended until the ringing of the bells. At fifteen minutes past two o’clock the sitting was resumed.
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Suspension
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6. |
The Clerk announced that the following Petitions had been lodged for presentation: By The Hon. C. V. Schaefer
from 376 residents of South Australia and the Hon. |
Petitions
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By The Hon. C. V. Schaefer from 357 residents of South Australia, concerning Voluntary Euthanasia. The Petitioners pray that this Honourable House will reject euthanasia legislation in any form.
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No. 50
- Euthanasia. |
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7. |
The Minister for Transport and Urban Planning, while making a Ministerial Statement, tabled a copy of the 2000-2001 Women’s Statement.
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Paper Tabled. |
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8. |
Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.
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Postponement
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9. |
Ordered - That Orders of the Day (Government Business) No. 2, No. 3 and No. 5 to No. 7 be Orders of the Day for next day of sitting.
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Postponement
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10. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Youth Court (Judicial Tenure) Amendment 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.
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Youth
Court |
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11. |
Ordered - That Orders of the Day (Government Business) No. 9 to No. 15 be postponed and taken into consideration after Order of the (Government Business) No. 16.
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Postponement
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12. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Expiation of Offences (Trifling Offences) Amendment Bill.
In the Committee
Clauses No. 1 to No. 7 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.
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Expiation
of |
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13. |
Ordered - That Orders of the Day (Government Business) No. 9 and No. 10 be Orders of the Day for next day of sitting.
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Postponement
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14. |
The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Sandalwood Act Repeal 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 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.
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Sandalwood Act Repeal Bill. |
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15. |
Ordered - That Orders of the Day (Government Business) No. 12 and No. 13 be Orders of the Day for next day of sitting.
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Postponement
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On the Order of the Day being read for the adjourned debate on the question - That the Lake Eyre Basin (Intergovernmental Agreement) Bill be now read a second time: Debate resumed. On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.
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Lake Eyre
Basin |
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The Attorney-General, according to order, moved - That the Police Superannuation (Miscellaneous) Amendment Bill be now read a second time. On motion of the Hon. C. A. Pickles, the debate was adjourned until next day of sitting.
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Police
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18. |
Ordered - That Orders of the Day (Government Business) No. 15, No. 17 and No. 18 be Orders of the Day for next day of sitting.
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Postponement
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19. |
The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Prostitution (Regulation) Bill.
In the Committee
New clause No. 10 as proposed to be inserted by the Minister for Transport and Urban Planning as follows: “Consents for developments involving brothels 10. (1) The following applies in relation to a development involving the establishment of a brothel or a change in the use of land to use as a brothel: (a) the Development Assessment Commission is to be regarded as having been constituted under the Development Act 1993 as the relevant authority; (b) instead of assessing the development against, and granting a consent (a provisional development plan consent) in respect of, the provisions of the appropriate Development Plan, the Development Assessment Commission must assess the development and grant a consent in accordance with this section; (c) the application for consent— (i) must be made in the same way as an application for a provisional development plan consent; and (ii) in addition, must be accompanied by a statutory declaration of the proposed operator of each sex business to be carried on at or from the brothel— (A) certifying that the operator will be able to lawfully carry on the business at or from the brothel and that, to the best of the operator's knowledge and belief, each other person proposed to be involved in the business may lawfully be so involved; and
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Prostitution
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(B) complying with any other requirements prescribed by the regulations; (d) subject to the following paragraphs, the Development Assessment Commission has a discretion to grant a consent in respect of the development; (e) the Development Assessment Commission is to consider the application and refuse consent (without further dealing with the application under the Development Act 1993) if, in the opinion of the Development Assessment Commission— (i) the site of the development is situated within 200 metres of a place primarily used as— (A) a school or other place for the education of children; or (B) a place for the care or recreation of children; or (C) a church or other place of worship; or (D) a community centre; or (ii) the brothel would have more than 8 rooms available for the provision of sexual services; (f) if the application is not refused under paragraph (e)— |
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(i) the development is to be regarded as having been assigned to Category 2; and (ii) Category 2 is to be taken to require notice of the application to be given, in accordance with the regulations under the Development Act 1993, to an owner or occupier of each piece of land with a street frontage on the same street (or streets) as the site of the proposed development and any part of which is within 200 metres of that site (in addition to the persons to whom notice is required to be given under that Act); |
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(g) in making its decision on an application, the Development Assessment Commission— (i) must have regard to the following matters: (A) whether the site of the development is situated— × in a part of an area zoned or set apart under a Development Plan for residential use; or × in a part of an area in which residential use is, according to a Development Plan, to be encouraged; (B) the proximity of the site of the development to a place primarily used as— × a school or other place for the education of children; or × a place for the care or recreation of children; or × a church or other place of worship; or × a community centre; (C) whether, in its opinion, the brothel would, in conjunction with other brothels in the area, tend to establish a red light district ie an inappropriately high concentration of brothels in the same area; (D) an assessment of the development against the provisions of the appropriate Development Plan (but the Development Assessment Commission is not bound by those provisions); (E) an assessment of the development against any other criteria prescribed by the regulations; and (ii) may have regard to any other matter the Development Assessment Commission considers appropriate; (h) the Development Assessment Commission— (i) must give the council for the area in which the development is to be undertaken a reasonable opportunity to provide a report on relevant matters under the Development Act 1993 as modified by this Division; and (ii) may presume that the council does not desire to provide a report if one is not received within 6 weeks after the council received the application for consent or such longer period as the Development Assessment Commission allows; and
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(iii) must give proper consideration to a report of a council under this paragraph but is not bound by any recommendation contained in the report; (i) if the Development Assessment Commission grants a consent under this Division, the consent is to be regarded as a provisional development plan consent for the purposes of the Development Act 1993.” Which the Hon. C. A. Pickles had moved to amend by leaving out from subclause (1)(e)(ii) “8” and inserting “5” - further considered. |
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The Hon. T. G. Cameron moved to amend new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, by leaving out “200 metres” in paragraph (e)(i) and inserting “the prescribed distance”. The Hon. T. G. Cameron moved to amend new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, by inserting after paragraph (i) new subclause (2) as follows: “(2) In this section— "prescribed area" in the City of Adelaide means— (a) the area within the "Central Activities District" or the "Frame District" as defined in the Adelaide (City) Development Plan under the Development Act 1993 (as in force from time to time); or (b) if regulations are made prescribing an area in the City of Adelaide for the purposes of this section—the area so prescribed (to the exclusion of the area referred to in paragraph (a)); "prescribed distance", in relation to the site of a development, means— (a) in the case of a site within the prescribed area in the City of Adelaide—100 metres; (b) in any other case—200 metres.” Question - That the first amendment moved by the Hon. T. G. Cameron to new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, be agreed to - put. |
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Committee divided: Ayes, 11 The Hon. T. Crothers The Hon. L. H. Davis The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. P. Holloway The Hon. S. M. Kanck The Hon. C. A. Pickles The Hon. A. J. Redford The Hon. T. G. Roberts The Hon. R. K. Sneath The Hon. T. G. Cameron (Teller) So it was resolved in the affirmative. |
Noes, 8 The Hon. K. T. Griffin The Hon. R. D. Lawson The Hon. R. R. Roberts The Hon. C. V. Schaefer The Hon. J. F. Stefani The Hon. N. Xenophon The Hon. C. Zollo The Hon. D. V. Laidlaw (Teller) |
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Question - That the amendment moved by the Hon. C. A. Pickles to new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, be agreed to - put and passed. Question - That the second amendment moved by the Hon. T. G. Cameron to new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, be agreed to - put and passed. Question - That new clause No. 10, as proposed to be inserted by the Minister for Transport and Urban Planning, and as amended by the Hon. C. A. Pickles and the Hon. T. G. Cameron, be so inserted - put. |
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Committee divided: Ayes, 13 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. C. A. Pickles The Hon. A. J. Redford The Hon. T. G. Roberts The Hon. R. K. Sneath The Hon. N. Xenophon The Hon. D. V. Laidlaw (Teller) So it was resolved in the affirmative. |
Noes, 6 The Hon. J.S.L. Dawkins The Hon. R. D. Lawson The Hon. R. R. Roberts The Hon. J. F. Stefani The Hon. C. Zollo The Hon. C. V. Schaefer (Teller) |
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New clause No. 10 inserted. The Minister for Transport and Urban Planning moved on page 9, after line 30, to insert new clause as follows: “Small brothels 10A. (1) The establishment of a small brothel or use of premises as a small brothel is excluded from the definition of "development" for the purposes of the Development Act 1993. (2) For the purposes of this section, a brothel is a small brothel if— (a) the total number of prostitutes employed or engaged in the sex business or the sex businesses carried on at or from the brothel does not exceed 2; and (b) the total floor area of the room or rooms used for the provision of sexual services does not exceed 30 square metres.” 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.
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The following Messages from the House of Assembly were received and read: Message No. 53 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the State Disaster Act 1980, without any amendment. House of Assembly, 29 March 2001. J.K.G. OSWALD, Speaker.
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Messages
from
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Message No. 54 MR. PRESIDENT - The House of Assembly has agreed to the Bill returned herewith, entitled an Act to amend the Essential Services Act 1981, without any amendment. House of Assembly, 29 March 2001. J.K.G. OSWALD, Speaker.
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Essential Services (Miscellaneous) Amendment Bill.
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21. |
Council adjourned at twenty-five minutes past five o’clock until Tuesday next at fifteen minutes past two o’clock.
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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. 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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