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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-11-14 Daily Xml
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STATUTES AMENDMENT (SEX WORK REFORM) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 17 October 2012.)

The Hon. S.G. WADE (17:14): I rise to speak on the Statutes Amendment (Sex Work Reform) Bill 2012. This bill is a conscience vote for both the Liberal Party and the Labor Party, and I presume other parties as well. I take this opportunity to express my concerns after six years of service in this place about the way conscience votes are managed. I stress that I do not discourage conscience votes; in fact, my party affirms the right of every member of the party to vote according to their conscience on any issue before the parliament.

However, when a bill is deemed by the party to be a conscience bill the normal responsibilities on shadow ministers to research the issues and prepare information for the party room is lessened. Further, the party's role in coordinating the orderly progress of the bill is also limited. In relation to information, I have been impressed by the diligence of members in preparing for and considering conscience votes, but I am of the view that parliamentary consideration of conscience bills would be improved if conscience bills received more stakeholder input, more consideration and more scrutiny.

Similarly, I am very concerned that the less structured coordination of the parliamentary consideration of conscience bills can mean that members are not given an adequate opportunity to consider some conscience bills and in particular amendments to those bills. It is my view that both problems could be alleviated to some extent by some conscience bills being referred to a parliamentary committee. A committee might not consider the issue in the broad but focus on the prospects of the bill referred addressing the mischief highlighted.

If there are alternative modes of reform, alternative bills can be referred to the committee. In my view this bill is a bill that would benefit from such committee consideration. I accept that the current law needs reforms. I have consulted SA Police and am advised that there is a view that the policing of brothel-based prostitution is problematic in South Australia due to the current legislation and precedence set by Australian courts, but the question for me and this chamber is: what reform is needed?

The bill contains one model; I know there are others. Former police commissioner Hyde requested that any regulatory system that is put in place must be practically effective and workable for police. That is an eminently reasonable request. I am willing to consider the model contained in this bill, but at this stage I feel I need more information and am concerned to ensure that the consideration of the bill is orderly.

I indicate that, at this stage, I am considering moving an amendment to the motion that the bill be read a second time with a view to the bill being referred to a parliamentary committee. The committee could be a standing committee, such as the Social Development Committee, or a select committee. I have expressed my concerns to some of my colleagues who indicate that they share them and that they would also support a referral to a committee.

On this note I invite any member to indicate their view on the suggestion, and I will consider moving a possible referral motion before the next Wednesday of sitting. To enable that consultation and any subsequent notions, I seek leave to continue my remarks.

Leave granted; debate adjourned.

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