SOUTH AUSTRALIA]

No. 6

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  23  SEPTEMBER  2003

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. R. R. Roberts) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

 

   2.

Answer to Question on Notice No. 232 received this day was tabled by the President who directed that it be distributed and printed in Hansard.

 

Answer to
Question
on Notice.

 

   3.

The following Papers were laid upon the Table, viz.:

        By the Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts) -

                 Reports, 2002-2003 -

                          Pharmacy Board of South Australia.

                          The Physiotherapists Board of South Australia.

                 Regulation under the following Act -

                          Occupational Health, Safety and Welfare Act 1986 - Building Site Toilets.

 

Papers.

 

   4.

The Minister for Aboriginal Affairs and Reconciliation (The Hon. T. G. Roberts), tabled a copy of a Ministerial Statement made by the Minister for Environment and Conservation (The Hon. J. D. Hill, M.P.) concerning a Rescue of River Murray Red Gums.

 

Ministerial
Statement Tabled.

 

   5.

The Minister for Agriculture, Food and Fisheries (The Hon. P. Holloway) tabled a copy of a Ministerial Statement made by the Premier (The Hon. M. D. Rann, M.P.) concerning the  Brownlow Medallists for 2003.

 

Ministerial
Statement Tabled.

 

   6.

The Minister for Agriculture, Food and Fisheries tabled a copy of a Ministerial Statement made by the Attorney-General (The Hon. M. J. Atkinson, M.P.) concerning a Delay in Replies to Questions Without Notice.

 

Ministerial
Statement Tabled.

 

   7.

The Minister for Agriculture, Food and Fisheries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Expiation of Offences Act 1996, the Road Traffic Act 1961 and the Summary Procedure Act 1921.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Minister for Agriculture, Food and Fisheries 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.

 

Statutes
Amendment
(Expiation of
Offences) Bill.

 

   8.

On the Order of the Day being read for the adjourned debate on the question - That the Address in Reply, as read, be adopted:

                 Debate resumed.

                 On motion of the Minister for Aboriginal Affairs and Reconciliation, the debate was adjourned and ordered to be resumed on motion.

 

Address in Reply.

 

   9.

Ordered - That Orders of the Day (Government Business) No. 2 to No. 7 be postponed and taken into consideration after Order of the Day (Government Business) No. 8.

 

Postponement
of Business.

 

10.

On the Order of the Day being read for the adjourned debate on the question - That the Firearms (COAG Agreement) 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. 3 agreed to.

                          Clause No. 4 amended and agreed to.

                          Clauses No. 5 to No. 7 agreed to.

                          Clause No. 8 amended and agreed to.

                          Clause No. 9 amended and agreed to.

                          Clause No. 10 amended and agreed to.

                          Clauses No. 11 to No. 25 agreed to.

                          Clause No. 26 being a money clause, no question was put on the clause.

                          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 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Firearms
(COAG Agreement)
Amendment Bill.

 

11.

Ordered - That the adjourned debate on the question - That the Address in Reply, as read, be adopted - be now resumed.

                 Debate resumed.

                 On motion of the Hon. T. J. Stephens, the debate was adjourned until next day of sitting.

 

Address in Reply.

 

12.

Ordered - That Order of the Day (Government Business) 2 be postponed and taken into consideration on motion.

 

Postponement
of Business.

 

13.

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.

 

14.

Ordered - That Orders of the Day (Government Business) No. 5 and No. 6 be postponed and taken into consideration after Order of the Day (Government Business) No. 7.

 

Postponement
of Business.

 

15.

On the Order of the Day being read for the adjourned debate on the question - That the Administration and Probate (Administration Guarantees) Amendment Bill be now read a second time:

                 Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Administration
and Probate
(Administration
Guarantees)
Amendment Bill.

 

16.

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

                 Debate resumed.

                 On motion of the Hon. J. M. Gazzola, the debate was adjourned until next day of sitting.

 

University of
Adelaide
(Miscellaneous)
Amendment Bill.

 

17.

Ordered - That Order of the Day (Government Business) No. 6 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

18.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Administration and Probate (Administration Guarantees) Amendment Bill.

 

In the Committee

 

                          Clauses No. 1 to No. 12 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.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

Administration
and Probate
(Administration
Guarantees)
Amendment Bill.

 

19.

Ordered - That Order of the Day (Government Business) No. 9 be an Order of the Day for next day of sitting.

 

Postponement
of Business.

 

20.

Ordered - That the adjourned debate on the motion of the Minister for Agriculture, Food and Fisheries -

        That, during the present Session, the Council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard -

               I.      Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President -

(a)     claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b)    requesting that his or her response be incorporated in to Hansard.

             II.      The President shall consider the submission as soon as practicable.

            III.      The President shall reject any submission that is not made within a reasonable time.

            IV.      If the President has not rejected the submission under clause III, the President shall give notice of the submission to the Member who referred in the Council to the person who has made the submission.

             V.      In considering the submission, the President -

(a)     may confer with the person who made the submission;

(b)    may confer with any Member;

(c)     must confer with the Member who referred in the Council to the person who has made the submission;

                       but

(d)    may not take any evidence;

(e)     may not judge the truth of any statement made in the Council or the submission.

            VI.      If the President is of the opinion that -

(a)     the submission is trivial, frivolous, vexatious or offensive in character; or

(b)    the submission is not made in good faith; or

(c)     the submission has not been made within a reasonable time; or

(d)    the submission misrepresents the statements made by the Member; or

(e)     there is some other good reason not to grant the request to incorporate a response in to Hansard.

 

Sessional
Standing Order -
Citizen’s Right
of Reply.

 

 

                       the President shall refuse the request and inform the person who made it of the President’s decision.

           VII.      The President shall not be obliged to inform the Council or any person of the reasons for any decision made pursuant to this resolution.  The President’s decision shall be final and no debate, reflection or vote shall be permitted in relation to the President’s decision.

         VIII.      Unless the President refuses the request on one or more of the grounds set out in paragraph V of this resolution, the President shall report to the Council that in the President’s opinion the response in terms agreed between him and the person making the request should be incorporated in to Hansard and the response shall thereupon be incorporated in to Hansard.

            IX.      A response -

(a)     must be succinct and strictly relevant to the question in issue;

(b)    must not contain anything offensive in character;

(c)     must not contain any matter the publication of which would have the effect of -

      (i)   unreasonably adversely affecting or injuring a person, or unreasonably invading a person’s privacy in the manner referred to in paragraph I of this resolution, or

     (ii)   unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

    (iii)   unreasonably aggravating any situation or circumstance,

         and

(d)    must not contain any matter the publication of which might prejudice -

      (i)   the investigation of any alleged criminal offence,

     (ii)   the fair trial of any current or pending criminal proceedings, or

    (iii)   any civil proceedings in any court or tribunal.

             X.      In this resolution -

(a)     “person” includes a corporation of any type and an unincorporated association;

(b)   “Member” includes a former Member of the Legislative Council.

- be now resumed.

Debate resumed.

The Hon. R. D. Lawson moved the following amendments -

Paragraph V, subparagraph (c) - Add the following words at the end of the paragraph - “at least one clear sitting day prior to the publication of the response”.

Paragraph VII - Add the following words at the end of the paragraph - “Nothing in this clause will prevent a Member from responding to matters contained in the response”.

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

 

 

 

21.

Council adjourned at twenty-three minutes to 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. J.S.L. Dawkins

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. R. D. Lawson

The Hon. J.M.A. Lensink

The Hon. R. I. Lucas

The Hon. A. J. Redford

The Hon. K. J. Reynolds

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

The Hon. N. Xenophon

 

 

 

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