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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-03-15 Daily Xml
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STATUTES AMENDMENT (COMMUNITY AND STRATA TITLES) BILL

Committee Stage

In committee.

Clause 17.

The Hon. S.G. WADE: I am in somewhat of a dilemma, because the minister was right yesterday when she said that we had a difference in policy. Now the minister is saying that, in spite of that difference in policy, the government is willing to accept our amendment, but my dilemma is that, having reconsidered the policy—

The Hon. G.E. Gago interjecting:

The Hon. S.G. WADE: We have not changed our position on the policy. If my call could be respected, what I was saying is that—

An honourable member interjecting:

The Hon. S.G. WADE: I appreciate, which is why I am turning to the chair. Having clarified the policy—quite clearly we have not changed our policy commitment—we have seen opportunities to improve the amendment. In that sense I am faced with the dilemma of persisting with a second-best amendment or allowing parliamentary counsel to complete its work and come back with an improved amendment. My dilemma is that the government is willing to accept this second-class amendment and not give the people of South Australia the best bill it could have, in my view.

In that context, I would suggest that, as good legislators, the better idea would be to report progress. I am told that the amendment will be ready to file very shortly. I presume that, if the government was attracted to this amendment, it will be attracted to the next one also because it is a better, more clarified and clearer amendment. I can certainly indicate to the committee that I am ready to speak on the second reading on criminal assets. This committee may want to resume at that point, but I am very reluctant to put the committee in the situation of not having the best bill it could have.

The Hon. G.E. GAGO: I put on the record that the government's position is, as stated earlier on, that this amendment does go to a clear policy difference between the two parties. However, the Attorney-General has reconsidered his position, and we are now in a position where we are prepared to support the Hon. Stephen Wade's amendments as is.

I want to put on the record that this is a very shabby performance by the opposition. We made it very clear that this bill was a priority for this sitting week and that we wanted the committee stage completed this week. We have made officers available for briefings and information sessions. We have catered for the needs of members in a most significant way.

We now have even bent over backwards and the Attorney has agreed to support the amendments as is, and the opposition now has changed its mind yet again. It is very shabby treatment. We are wasting the time of good people. As I have said, I indicated very clearly that it was a priority that we needed to complete this by this week. All the resources and advice were made available to assist people in every way, and I think it is really shabby that the honourable member now wants to report progress and go onto something else. That would mean that this bill will be left unfinished this week and, as I have said, I think that is very poor performance.

The Hon. S.G. WADE: Mr Chairman, if I can respond to the minister, please. I believe the minister is misleading the committee. In the letter I have before me of the priorities advised us as of 5 March did not have this bill for completion this week. Also, while the minister is contemplating her position in that regard, I would also throw myself at the mercy of the committee and say that yesterday morning we filed amendments to facilitate the continuation of government business on a private members' business day—a day the government should not presume it has. We filed amendments. We did not have the opportunity to speak to crossbenchers. I apologised in moving them that I did not have the opportunity the speak to crossbenchers.

So, I take one lesson away from this. First of all, do not expect the Leader of the Government in this house to know what she has even asked for before she comes in and slates us, and also do not dare cooperate with the government to facilitate its program because you are just as likely to get slapped around the head for doing so.

The Hon. G.E. GAGO: The honourable member is quite right. I did not indicate that it would go to fruition, so I do stand corrected. However, it was indicated as a government priority for this week and indicated as our number one priority for today. As I have said, given the level of assistance and cooperation the government has demonstrated in relation to this, I still believe that it is a very shabby and poor performance.

Progress reported; committee to sit again.

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