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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-10-18 Daily Xml
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Legislative Review Committee: Annual Report 2016

The Hon. J.E. HANSON (16:48): I move:

That the report of the committee be noted.

The Legislative Review Committee is pleased to present the committee's 2016 annual report. The annual report provides information about the committee's consideration of regulations referred to the committee in accordance with section 10A of the Subordinate Legislation Act 1978 and the committee's inquiry work.

The committee met on 19 occasions in 2016 and inquired into and considered some 282 regulations, 44 court rules, two other rules and 87 by-laws. The committee also asked representatives of six public sector agencies, the Law Society of South Australia, the Aboriginal Legal Rights Movement and the Supreme Court of South Australia to appear before the committee to assist the committee's inquiry and consideration of 10 regulations. In addition, the committee asked representatives of the Local Government Association to appear before the committee to assist with the committee's consideration of three by-laws.

In relation to the committee's inquiry work, the annual report includes information on four inquiries conducted by the committee in 2016. The committee tabled final reports in relation to two of these inquiries. On 12 April 2016, the committee was pleased to table, in both houses of parliament, a report of its inquiry into the Sexual Reassignment Repeal Bill 2014. On 19 October 2016, the committee was pleased to table a report of its inquiry into an amendment to the Births, Deaths and Marriages Registration Regulations 2011 to enable de facto relationships to be recognised on the register recording the death of a person.

The committee also continued with a review of its inquiry into the partial defence of provocation. This review was referred to the committee on 13 May 2015 following a decision by the High Court to set aside the Supreme Court of South Australia Court of Criminal Appeal judgement in R v Lindsay. On 8 March 2016, the committee tabled an interim report in both houses of parliament. In the interim report, the committee concluded that it would not be prudent to make further recommendations and findings until legal proceedings involving Mr Lindsay had concluded. At the end of the reporting period, the review was ongoing.

In August 2016, the committee commenced an inquiry into the operation and impact of the Graffiti Control (Miscellaneous) Amendment Act 2013, an amendment to the Graffiti Control Act 2001. The inquiry was required by section 14 of the Graffiti Control Act 2001. At the end of the reporting period, the inquiry is ongoing.

I thank the members of the committee for their work in 2016, including those from the Legislative Council, namely, the former presiding member, the Hon. Gerry Kandelaars MLC; the Hon. John Darley MLC; and the Hon. Andrew McLachlan MLC. From the other place, I thank Mr Lee Odenwalder MP, member for Little Para; Ms Annabel Digance MP, member for Elder; Ms Nat Cook MP, member for Fisher (following Ms Digance's resignation from the committee in 2016); Ms Isobel Redmond MP, member for Heysen; and Mr Sam Duluk MP, member for Davenport (following Ms Redmond's resignation from the committee in October 2016). Recently, we have also had Mr Jack Snelling, member for Playford, but only for one meeting.

I also thank staff for their service during the year, including Mr Matt Balfour, the committee's secretary, and Mr Ben Cranwell, the committee's research officer. I commend the report to the council.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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