SOUTH AUSTRALIA]

No. 49

MINUTES OF THE PROCEEDINGS

OF THE

LEGISLATIVE COUNCIL

_______

THURSDAY  28  NOVEMBER  2002

1.	Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.                  The President read prayers.					Meeting of Council.
2.	The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway), 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.					Suspension  of Standing Orders.
3.	The Minister for Agriculture, Food and Fisheries, according to order, moved - That the Terrorism (Commonwealth Powers) Bill be now read a second time.                  On motion of the Hon. R. I. Lucas, the debate was adjourned until next day of sitting					Terrorism (Commonwealth Powers) Bill.
4.	Ordered - That Orders of the Day (Government Business) No. 2 to No. 9 be postponed and taken into consideration after Order of the Day (Government Business) No. 10.					Postponement of Business.
5.	On the Order of the Day being read for the adjourned debate on the on the question - That the Constitution (Ministerial Offices) Amendment Bill be now read a second time:                  Debate resumed.                  On motion of the Hon. C. Zollo, the debate was adjourned and ordered to be resumed on motion.					Constitution (Ministerial Offices) Amendment Bill.
5.	Ordered - That Orders of the Day (Government Business) No. 2 to No. 5 be Orders of the Day for next day of sitting.					Postponement of Business.
6.	On the Order of the Day being read for the adjourned debate on the on the question - That the Upper South East Dryland Salinity and Flood Management 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.					Upper South East Dryland Salinity and Flood Management Bill.
	In the Committee                           Clauses No. 1 and No. 2 agreed to.                           Clause No. 3 read.                  The Hon. C. V. Schaefer moved on page 5, line 14, after “Upper South East” to insert “that are identified as key environmental features by regulation made under section 4”.                  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.
7.	At two 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.					Suspension and Resumption of Sitting.
8.	The Minister for Agriculture, Food and Fisheries, by leave, moved - That the Legislative Council expresses its deep regret at the death of former Senator Gordon Sinclair Davidson and places on record its appreciation of his distinguished public service and that, as a mark of respect to his memory, the sitting of the Council be suspended until the ringing of the bells.                  And being supported by the Hon. R. I. Lucas, the Hon. I. Gilfillan, the Hon. D. V. Laidlaw and the Hon. J.S.L. Dawkins:                  Motion carried in silence, Members standing in their places.					Death of former Senator Gordon Davidson.
9.	At twenty-five minutes to three o’clock the sitting was suspended until the ringing of the bells.                  At fifteen minutes to three o’clock the sitting was resumed.					Suspension and Resumption of Sitting.
10.	The Clerk announced that the following Petition had been lodged for presentation:                  By the Hon. A. L. Evans from 21 residents of South Australia concerning voluntary euthanasia.  The Petitioners pray that this Honourable House will - · Reject the so called Dignity in Dying (Voluntary Euthanasia) Bill; · Move to ensure that all medical staff in all hospitals receive proper training in palliative care; and · Move to ensure adequate funding for palliative care for terminally ill patients.					Petition - No. 27 - Voluntary Euthanasia.
11.	The following Papers were laid upon the Table, viz.:         By the Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) -                  Reports, 2001-2002 -                           Adelaide Festival Centre.                           Adelaide Festival Corporation.                           National Wine Centre of Australia.                           Office for the Commissioner for Public Employment - South Australian Public Sector Workforce Information.                           South Australian Film Corporation.                           South Australian Museum Board.                           The State Opera of South Australia.         By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -                  Royal Zoological Society of South Australia - Report, 2001-2002.                  District Council By-laws - Tatiara -                           No. 1 - Permits and Penalties.                           No. 2 - Moveable Signs.                           No. 3 - Roads.                           No. 4 - Local Government Land.                           No. 5 - Dogs.					Papers.
12.	The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the Creation of the State Protective Security Branch.					Paper Tabled.
13.	The Minister for Agriculture, Food and Fisheries tabled a Ministerial Statement made by the Treasurer (The Hon. K. O. Foley, M.P.) concerning Provision of Banking Services to the Government.					Paper Tabled.
14.	The President, in reply to a question asked by the Hon. D. V. Laidlaw, made the following statement:                  Erskine May’s Parliamentary Practice makes reference to Members’ conduct in that they “must not read any book, newspaper or letter in their places, except in connection with the Business of the Day, nor should they conduct their correspondence in the Chamber”.                  Over the years in this Council successive Chairs have obviously allowed Members to deviate from this practice.  However, I would say to the Honourable Member that we do require certain standards of the public in our Gallery which follow the Westminster tradition. House of Representative’s Practice states: “Admission to the Galleries is a privilege extended by the House and people attending must conform with established forms of behaviour.  People visiting the House are presumed to do so to listen to debates and it is considered discourteous if they not give their full attention to the proceedings.  Thus, visitors are required to be silent and to refrain from attempting to address the House, interjecting, applauding, conversing, reading, eating and so on”. It has been acknowledged in the past that knitting is a forbidden activity in our Gallery and that of the House of Assembly.                  Consequently, the Honourable Member should consider what may be seen as Members setting standards for the Public Gallery which they, themselves, are not prepared to uphold.					President’s Statement.
15.	Ordered - That the adjourned debate on the on the question - That the Constitution (Ministerial Offices) Amendment Bill be now read a second time - be now resumed.                  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                           Clause No. 1 read.                  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.					Constitution (Ministerial Offices) Amendment Bill.
16.	The Minister for Agriculture, Food and Fisheries, without notice, moved - That the Standing Orders be so far suspended as to enable the sittings of the Council to be extended beyond 6.30 p.m.                  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.
17.	The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Constitution (Ministerial Offices) Amendment Bill. In the Committee                           Clause No. 1 further considered and agreed to.                           Clause 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 Agriculture, Food and Fisheries, 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.                  The Minister for Agriculture, Food and Fisheries then moved - That this Bill be now read a third time.                  Question put.					Constitution (Ministerial Offices) Amendment Bill.
	Council divided: Ayes, 17 The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan The Hon. S. M. Kanck The Hon. R. D. Lawson The Hon. R. I. Lucas The Hon. A. J. Redford The Hon. D. W. Ridgway The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon. T. J. Stephens The Hon. C. Zollo The Hon. P. Holloway (Teller)       So it was resolved in the affirmative.			Noes, 2 The Hon. T. G. Cameron The Hon. J. F. Stefani (Teller)
	Bill read a third time.                  Resolved - That this Bill do now pass.
18.	The following Messages from the House of Assembly were received and read - Message No. 81                  MR. PRESIDENT - The House of Assembly has passed the Bill transmitted herewith, entitled an Act to amend the Local Government Act 1999, to which it desires the concurrence of the Legislative Council. House of Assembly, 28 November 2002.                                                                    I. P. LEWIS, Speaker.                  Bill read a first time.                  The Minister for Aboriginal Affairs and Reconciliation then moved - That this Bill be now read a second time.                  On motion of the Hon. R. D. Lawson, the debate was adjourned until next day of sitting.						Messages from House of Assembly: Local Government (Access to Meetings and Documents)  Amendment Bill.
	Message No. 82                  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, 28 November 2002.                                                                    I. P. LEWIS, Speaker.                  Bill read a first time.                  Ordered - That the second reading be an Order of the Day for Wednesday next.						Controlled Substances (Cannabis) Amendment Bill.
19.	The Minister for Aboriginal Affairs and Reconciliation, by leave, tabled a copy of a Ministerial Statement made by the Minister for Employment, Training and Further Education concerning the Higher Education Council.						Paper Tabled.
20.	Ordered - That the remaining Orders of the Day (Government Business) and Orders of the Day (Private Business) be Orders of the Day for next day of sitting.						Postponement of Business.
21.	Council adjourned at six minutes to seven until Monday next at fifteen minutes past two o’clock						Adjournment.
	_________________________
	Members present during any part of the sitting:
		The Hon. T. G. Cameron The Hon. J.S.L. Dawkins The Hon. M. J. Elliott The Hon. A. L. Evans The Hon. G. E. Gago The Hon. J. M. Gazzola The Hon. I. Gilfillan	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. A. J. Redford The Hon. D. W. Ridgway		The Hon. T. G. Roberts The Hon. C. V. Schaefer The Hon. R. K. Sneath The Hon.  J. F. Stefani The Hon. T. J. Stephens The Hon. C. Zollo