No. 1

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                         THURSDAY 10 FEBRUARY 1994

 

 

 1   Meeting of House

     The House met pursuant to the Proclamation issued by Her Excellency The Governor dated 18 January 1994 as follows:

 

 

         SUMMONING THE FIRST SESSION OF THE FORTY-EIGHTH PARLIAMENT

 

 

     (L.S.)  R.F. MITCHELL                             Proclamation By The Governor

 

     PURSUANT to the Constitution Act, 1934, and with the advice and consent of the Executive Council, I:

 

     (a)     Fix 11 a.m. on Thursday 10 February 1994 as the time for holding the first session of the Forty-Eighth Parliament;

 

     (b)     Declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide;

 

     (c)     Extend the period of prorogation of the Parliament of South Australia until the time fixed in paragraph 1;

 

     4. Summon the Parliament to meet for the dispatch of business at the time and place stated above and require all honourable members of the Legislative Council and the House of Assembly and all officers of the Parliament to give their due attendance accordingly.

 

     Given under my hand and the Public Seal of South Australia at Adelaide, 18 January 1994.

 

                                          By command,

                                                      K.T. Griffin, for Premier

 

 2   Commission for Opening Parliament

     The House, in compliance with Summons, proceeded to the Legislative Council Chamber where a Commission was read appointing the Hon. Leonard James King, LL.B., Chief Justice, the Commissioner to do all things necessary for opening Parliament; after which the House was informed by the Commissioner that Her Excellency the Governor would, in person, in that place, declare the reasons for calling this Parliament together, provided it should be notified to her at an earlier hour that the Members had been duly sworn and had elected their Speaker.

3    Commission to Swear

     The House being again in its own Chamber, the Chief Justice attended and produced a Commission from Her Excellency the Governor appointing him the Commissioner to administer to the Members of the House of Assembly the Oath of Allegiance or the Affirmation in lieu thereof required by the Constitution Act.

 

     Commission read by the Clerk as follows:

 

     (L.S.) R.F. MITCHELL                              Proclamation By The Governor

 

     To the Honourable Leonard James King, LL.B., Chief Justice of the said State:

 

     Greeting:

     Pursuant to the Constitution Act 1934, I, the said Governor, with the advice and consent of the Executive Council, do hereby authorize you to administer to Members of Parliament of the State who are Members of the House of Assembly the Oath hereunder set out, or to receive from all or any of such Members an Affirmation in lieu of such Oath.

 

     "I,                                        , do swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors according to law.  So help me God!"

     Given under my hand and the public seal of South Australia, at Adelaide, this first day of February, one thousand nine hundred and ninety four.

 

                                          By command,

                                                      K.T. Griffin, for Premier

 

 4   Writ and Return

     The Clerk produced a writ for the election of forty-seven Members of the House of Assembly which had been received from Her Excellency the Governor; in return to which writ the following persons were declared to be duly elected for the following Districts:

 

            Adelaide                      Michael Harry Armitage

            Bragg                         Graham Alexander Ingerson

            Bright                        Wayne Anthony Matthew

            Chaffey                       Kent Ashley Andrew

            Coles                         Joan Lynnette Hall

            Colton                        Steve George Condous

            Custance                      Ivan Howard Venning

            Davenport                     Iain Frederick Evans

            Elder                         David Edward Wade

            Elizabeth                     Martyn John Evans

            Eyre                          Graham McDonald Gunn

            Finniss                       Dean Craig Brown

            Fisher                        Robert Bruce Such

            Flinders                      Elizabeth Meryl Penfold

            Florey                        Rodney Piers Bass

            Frome                         Robert Gerard Kerin

            Giles                         Frank Trevor Blevins

            Gordon                        Harold Allison

            Goyder                        Eric John Meier

            Hanson                        Stewart Ronald Leggett

            Hart                          Kevin Owen Foley

            Hartley                       Giuseppe Scalzi

            Heysen                        David Charles Wotton

            Kaurna                        Lorraine Florence Rosenberg

            Kavel                         John Wayne Olsen

            Lee                           Joseph Peter Rossi

            Light                         Malcolm Robert Buckby

            MacKillop                     Dale Spehr Baker

            Mawson                        Robert Lawrence Brokenshire

            Mitchell                      Colin John Caudell

            Morphett                      John Kenneth Gibson Oswald

            Napier                        Annette Kay Hurley

            Newland                       Dorothy Christine Kotz

            Norwood                       John Gabriel Cummins

            Peake                         Heini Becker

            Playford                      John Andrew Quirke

            Price                         Murray Royce De Laine

            Ramsay                        Michael David Rann

            Reynell                       Julie Mary Greig

            Ridley                        Ivan Peter Lewis

            Ross Smith                    Ralph Desmond Clarke

            Spence                        Michael John Atkinson

            Taylor                        Lynn Maurice Ferguson Arnold

            Torrens                       Patrick Joseph Tiernan

            Unley                         Mark Kennion Brindal

            Waite                         Stephen John Baker

            Wright                        Edward Scott Ashenden

 

 5   Members Sworn

     The Oath of Allegiance required by law was then administered to and subscribed by all the Members except Hon. L.M.F. Arnold, Mr Atkinson, Hon. F.T. Blevins, Messrs M.J. Evans and Foley,  Ms Hurley and Hon. M.D. Rann, who made and subscribed instead of the said Oath an Affirmation of Allegiance as permitted by section 13 of the Oaths Act.

 

 6   Election of Speaker

     The Premier (Hon. D.C. Brown) reminded the House that it would be necessary next to proceed to the election of a Speaker and moved - That Mr Gunn do take the Chair of this House as Speaker which was seconded by Hon. L.M.F. Arnold.

     Mr Gunn submitted himself to the House.

     The House then calling Mr Gunn to the Chair, he was taken out of his place by the Premier and Hon. L.M.F. Arnold and conducted to the Chair, where he returned his acknowledgments to the House for the great honour it had been pleased to confer upon him by unanimously electing him to be Speaker.

     And thereupon he sat down in his Chair and was congratulated by the Premier and Hon. L.M.F. Arnold.

     The Premier informed the House that Her Excellency would be prepared to receive the House for the purpose of presenting the Speaker at 12.15 p.m. today.

 

 7   Suspension and resumption of sitting

     At 11.35 a.m. the sitting of the House was suspended.

     At 12.05 p.m. the Speaker resumed the Chair.

 

 8   Presentation of Speaker

     The Speaker, attended by a deputation of Members, then proceeded to Government House; and being returned, the Speaker resumed the Chair and announced to the House that he, accompanied by a deputation of Members, had proceeded to Government House for the purpose of presenting himself to Her Excellency the Governor and had informed Her Excellency that, in pursuance of the powers conferred on the House by section 34 of the Constitution Act, the House of Assembly had this day proceeded to the election of Speaker and had done him the honour to elect him to that high office; that in compliance with the other provisions of the same section, he had presented himself to Her Excellency as the Speaker and that he had, in the name and on behalf of the House, laid claim to their undoubted rights and privileges and prayed that the most favourable construction might be put on all their proceedings; whereupon Her Excellency had been pleased to make the following reply:

 

     To the Honourable the Speaker and Members of the House of Assembly

     I congratulate the Members of the House of Assembly on their choice of the Speaker .  I readily assure you, Mr Speaker, of my confirmation of all the constitutional rights and privileges of the House of Assembly, the proceedings of which will always receive my most favourable consideration.

     Government House, 10 February 1994                R.F. Mitchell, GOVERNOR

 

 9   Suspension and resumption of sitting

     At 12.25 p.m. the sitting of the House was suspended.

     At 2.15 p.m. the Speaker resumed the Chair.

 

10   Summons from the Governor

     A summons was received from Her Excellency the Governor desiring the attendance of the House in the Legislative Council Chamber, whereupon the House, with the Speaker, proceeded to obey the summons.

     The House having returned to its own Chamber, the Speaker resumed the Chair.

 

11   Prayers read

     The Speaker read prayers.

 

12   Commission to Swear

     The Speaker reported that he had received from the Governor a Commission under the hand of Her Excellency and the public seal of the State empowering him to administer the Oath of Allegiance or to receive the Affirmation in lieu thereof, necessary to be taken by Members of the House of Assembly.

 

13   Deaths of Hon. J.C. Burdett and Hon. J.M. Cooper

     The Premier, by leave, without notice, moved - That this House expresses its regret at the recent deaths of Hon. J.C. Burdett and Hon. J.M. Cooper, former Members of the Legislative Council and places on record its appreciation of their meritorious service.

     And being supported by Hon. L.M.F. Arnold, the Deputy Premier (Hon. S.J. Baker), Hon. F.T. Blevins, Mrs Kotz, Mr DeLaine and the Speaker:

     Motion carried in silence, Members rising in their places.

 

14   Suspension and resumption

     At 3.37 p.m. the sitting of the House was suspended.

     At 3.42 p.m. the Speaker resumed the Chair.

 

15   Chairman of Committees

     The Deputy Premier moved - That Hon. H. Allison be Chairman of Committees of the whole House during the present Parliament.

     Question put and passed.

 

16   Opening Speech of the Governor

     The Speaker reported that the House had this day, in compliance with a summons from Her Excellency the Governor, attended in the Legislative Council Chamber where Her Excellency had been pleased to make a Speech to both Houses of Parliament, of which Speech he, the Speaker, had obtained a copy which he would now lay on the Table.

     Ordered to be printed (Paper No. 1).

17   Legislative Council Vacancy - Assembly of Members of the Two Houses - Minutes

     The Speaker tabled the Minutes of the Assembly of Members of the two Houses, held today, for the election of a Member of the Legislative Council to hold the place rendered vacant by the resignation of the Hon. I. Gilfillan, at which Hon. M.J. Elliott was elected.

 

18   Petitions Nos 1 to 6

     The Clerk announced that the following Members had lodged Petitions for presentation:

 

     1  The Premier, from 402 residents of South Australia, requesting that the House urge the      Government to retain physical education and art teacher positions at Victor Harbor R-7 schools.   

 

     2  The Premier, from 62 residents of South Australia, requesting that the House urge the      Government to connect Chiton Rocks to the Victor Harbor sewerage system.

 

     3  The Minister for Primary Industries (Hon. D.S. Baker), from 1392 residents of South Australia, requesting that the House urge the Government to exempt bodies of water of greater than one million litres in volume from the Swimming Pools (Safety) Act and the Public and Environmental Health Act.

 

     4  Hon. L.M.F. Arnold, from 458 residents of South Australia, requesting that the House urge the    Government not to sell the State Bank.

 

     5  Hon. L.M.F. Arnold, from 970 residents of South Australia, requesting that the House urge the    Government to seek a ban on the importation of X-rated video games.

 

     6  Mr M.J. Evans, from 199 residents of South Australia, requesting that the House urge the Government to retain surgical and obstetric services at the Southern Districts War Memorial Hospital.

 

19   Papers

     The following Papers were tabled:

 

     By the Deputy Premier (Hon. S.J. Baker) -

        National Crime Authority - Report, 1992-93

        Regulations under the following Acts -

           Crown Proceedings - Officers Protection from Prosecution

           Liquor Licensing - Dry Areas -

              Adelaide/Victor Harbor/Renmark

              Port Elliott/Goolwa/Normanville

           Young Offenders - Training Centre Review Board Procedure

        Rules of Court -

           District Court - District Court Act -

              Adoption of Supreme Court Rules

              Mental Health Act - Various

           Environment, Resources and Development Court -  General

           Supreme Court -

              Supreme Court Act -

                 Admission Rules

                 Amendments Various

                 Foreign Judicial Process/Taxation of Costs

           Youth Court - Youth Court Act - General

        Summary Offences Act -

           Dangerous Area Declarations, 20/4/93 to 30/9/93

           Road Block Establishment Authorisations - 20/4/93 to 30/9/93

 


     By the Treasurer (Hon. S.J. Baker) -

        Auditor-General's Department - Report on Operations, 1992-93

        Freedom of Information Act - Report on Administration of, 1992-93

        State Services - Report, 1992-93

        Freedom of Information Act - Regulations - Fees and Charges

        Public Corporations Act - Regulations - Formation of STA Subsidiary - Austrics

        Remuneration Tribunal - Reports relating to Determination -

           No. 2 of 1993 - Judiciary

           No. 3 of 1993 - Members of Parliament

           No. 4 of 1993 - Planning Appeal Tribunal Commissioners

 

     By the Minister for Industrial Affairs (Hon. G.A. Ingerson) -

        Mining and Quarrying Occupational Health and Safety Committee - Report, 1992-93

        Occupational Health and Safety Commission - Report, 1992-93

        WorkCover Corporation - Report, 1992-93

        Regulations under the following Acts -

           Construction Industry Long Service Leave - Abolition of Compulsory Retirement

           Industrial Relations (SA) -

              Non-legal Registered Agents

              Registered Agents

           Workers Rehabilitation and Compensation - Exempt Employers - Non Bank Financial Agents

 

     By the Minister for Industry, Manufacturing, Small Business and Regional Development

       (Hon. J.W. Olsen) -

        Carrick Hill Trust - Report, 1992-93

        South Australian Country Arts Trust - Report, 1992-93

        Government Adviser on Deregulation - Report, 1992-93

        Small Business Corporation of South Australia - Report, 1992-93

        National Road Trauma Advisory Council - Report, 1992

        Regulations under the following Acts -

           Harbors - Dragon Boat Festival

           Motor Vehicles - Demerit Points Scheme

           Road Traffic Act -

              Breath Analysis - Voluntary Blood Test

              The Code - Traffic Control Devices

              Television Receivers

 

     By the Minister for Health (Hon. M.H. Armitage) -

        Physiotherapists Act - Regulations - Registration and Practice

 

     By the Minister for Housing, Urban Development and Local Government Relations

       (Hon. J.K.G. Oswald) -

        Enfield General Cemetery Trust - Report, 1992-93

        Planning Appeal Tribunal - Report, 1992-93

        Regulations under the following Acts -

           Building Act - Transitional Provisions Class 1a and 10a Buildings

           Development Act - Variations

           Local Government Act - Freedom of Information - Fees and Charges

        Planning Act - Crown Development Reports -

           Public Service Depots at Darlington

           Transportable Classroom at Aldgate Primary School

        Corporation By-laws -

           Adelaide - No. 12 - Public Restaurants and Fish Shops

           Noarlunga - No. 18 - STED Schemes


        District Council By-laws -

           Barossa -

              No. 1  - Permits, Penalties and Fees

              No. 2  - Street Hawkers and Traders

              No. 3  - Bees

              No. 4  - Animals and Birds

              No. 5  - Garbage Removal

              No. 6  - Dogs

              No. 7  - Repeal of By-laws

           Kapunda -

              No. 1  - Permits, Penalties and Fees

              No. 2  - Street Hawkers and Traders

              No. 3  - Bees

              No. 4  - Animals and Birds

              No. 5  - Garbage Removal

              No. 6  - Dogs

              No. 7  - Repeal of By-laws

           Mt Remarkable - No. 4 - Camping

           Port Elliott and Goolwa -

              No. 1  - Permits and Penalties

              No. 2  - Taxis

              No. 3  - Caravans and Camping

              No. 4  - Traffic

              No. 19 - Moveable Signs

           Stirling - No. 42 - Moveable Signs

 

     By the Minister for Recreation, Sport and Racing (Hon. J.K.G. Oswald) -

        Tobacco Products Control Act - Regulations - Sale of Tobacco Penalties

 

     By the Minister for Mines and Energy (Hon. D.S. Baker) -

        Mines and Energy South Australia - Report, 1992-93

 

     By the Minister for Primary Industries (Hon. D.S. Baker) -

        Soil Conservation Council - Report, 1992-93

        South Australian Meat Corporation - Report, 1992-93

        Veterinary Surgeons Board - Report, 1992-93

        Fisheries Act - Regulations - SAFIC - Prescribed Body

        Regulations under the following Acts -

           Branding of Pigs - Fees and Charges

           Deer Keepers - Triennial Registration Fee

           Dried Fruits - Registration - Producers/Packers

 

     By the Minister for the Environment and Natural Resources (Hon. D.C. Wotton) -

        Environmental Protection Council - Report, 1992-93

        Murray-Darling Basin Commission - Report, 1992-93

        Clean Air Act - Regulations - City of Adelaide -

           Backyard Burning

           Fee Exemption - Methyl Chloroform

 

     By the Minister for Family and Community Services (Hon. D.C. Wotton) -

        Department for Family and Community Services -  Report, 1992-93

 

     By the Minister for Emergency Services (Hon. W.A. Matthew) -

        Country Fires Act - Regulations - Abolition of Compulsory Retirement

 


     By the Minister for Correctional Services (Hon. W.A. Matthew) -

        Department of Correctional Services - Report, 1992-93

 

     By the Minister for Employment, Training and Further Education (Hon. R.B. Such) -

        Industrial and Commercial Training Commission - Report, 1992-93

        Non-Government Schools Registration Board - Report, 1992-93

        Education Act - Regulations -

           Alberton Primary School

           Teacher Registration Fees.

 

20   Environment, Resources and Development Committee Report - Southend Foreshore Erosion

     The Speaker tabled the Tenth Report of the Environment, Resources and Development Committee on Southend Foreshore Erosion, which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act. (Paper No. 184).

 

21   Questions

     Questions without notice were asked.

 

22   Extension of time for adjournment

     The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 5.00 p.m.

     Question put and passed.

 

23   University of Adelaide - Election to Council

     The Deputy Premier moved - That Messrs Buckby, Foley and Lewis be appointed to the Council of the University of Adelaide, as provided by the University of Adelaide Act 1971.

     Question put and passed.

 

24   The Flinders University of South Australia - Election to Council

     The Deputy Premier moved - That Messrs M.J. Evans and I.F. Evans and Mrs Rosenberg be appointed to the Council of The Flinders University of South Australia, as provided by The Flinders University of South Australia Act 1966.

     Question put and passed.

 

25   The University of South Australia - Appointment to Council

     The Deputy Premier moved - That this House resolves that an Address be forwarded to Her Excellency the Governor pursuant to section 10 (3) (b) of the University of South Australia Act 1990, recommending the appointment of Hon. M.D. Rann and Mr Scalzi to the Council of the University of South Australia; and that a Message be sent to the Legislative Council requesting their concurrence thereto.

     Question put and passed.

 

26   Standing Orders Committee

     The Deputy Premier moved - That a Standing Orders Committee be appointed consisting of the Speaker and Messrs Atkinson, Brindal, DeLaine and Lewis.

     Question put and passed.

 

27   Printing Committee

     The Deputy Premier moved - That a Printing Committee be appointed consisting of Mr Ashenden, Hon. F.T. Blevins and Messrs Brokenshire, Clarke and Rossi.

     Question put and passed.

 


28   Joint Parliamentary Service Committee

     The Deputy Premier moved - That pursuant to section 5 of the Parliament (Joint Services) Act 1985, Messrs DeLaine and Lewis be appointed to act with Mr Speaker as members of the Joint Parliamentary Service Committee; and that Hon. H. Allison be appointed the alternate member of the Committee to Mr Speaker, Ms Hurley alternate member to Mr DeLaine and Mr Becker alternate member to Mr Lewis; and that a message be sent to the Legislative Council in accordance with the foregoing resolution.

     Question put and passed.

 

29   Economic and Finance Committee - Appointment of Members

     The Deputy Premier moved - That Mr Becker, Hon. F.T. Blevins and Messrs Brindal, Buckby, M.J. Evans, Quirke and Tiernan be appointed to the Economic and Finance Committee.

     Question put and passed.

 

30   Environment, Resources and Development Committee - Appointment of Members

     The Deputy Premier moved - That Ms Hurley, Mrs Kotz and Mr Venning be appointed to the Environment, Resources and Development Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

     Question put and passed.

 

31   Legislative Review Committee - Appointment of Members

     The Deputy Premier moved - That Messrs Clarke, Condous and Cummins be appointed to the Legislative Review Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

     Question put and passed.

 

32   Social Development Committee - Appointment of Members

     The Deputy Premier moved - That Messrs Atkinson, Leggett and Scalzi be appointed to the Social Development Committee; and that a message be sent to the Legislative Council transmitting the foregoing resolution.

     Question put and passed.

 

33   Address in Reply

     The Deputy Premier advised the House that he nominated the Member for Flinders to move an Address in Reply to Her Excellency's Opening Speech.

     Ordered - That consideration of the Address be an Order of the Day for Tuesday next.

 

34   Adjournment

     The Deputy Premier moved - That the House do now adjourn.

     Debate ensued.

     Question put and passed.

     House adjourned at 5.30 p.m. until Tuesday next at 2.00 p.m.

 

                                ____________

 

 

                       MOTIONS WHICH NOTICE WAS GIVEN

 

 

     For Wednesday 23 February 1994 

        Notice of Motion: Private Members Bills/Committees/Regulations -

 

     Mr Atkinson to move - That he have leave to introduce a Bill for an Act to amend the Lottery and Gaming Act 1936.

 


        Notices of Motion: Other Motions-

 

     Mr Venning to move - That this House deplores the terms of the Medicare agreement with the Commonwealth Government signed by the previous Minister of Health, in particular the requirement that the public/private ratio in public hospitals be maintained at the 1991 level and, noting with satisfaction the moves now made by the present Minister to alleviate such problems as long waiting lists, this House urges the Minister to negotiate with the Federal Government to ensure terms more in line with the reality of what the people of South Australia, and especially those in country areas, require of their hospital system.

 

     Mr I.F. Evans to move - That in the opinion of this House the Government should acquire all of Craigburn Farm except for any portion which Minda Inc. wish to retain for their ongoing operations.

 

     For Thursday 10 March 1994

        Notice of Motion: Other Motions-

 

     Mr Ashenden to move - That this Parliament:

        (a)  condemns the previous Labor Government for its lack of interest in employers in this State as evidenced by the lack of administrative control it required WorkCover to exercise in its claims and case management and for its politically-motivated appointments to the WorkCover Board, Review Officer Panel and Appeals Tribunal and urges the present Government to take immediate steps to introduce administrative and legislative changes to ensure that workers' compensation in South Australia is fair to all concerned, is efficiently managed, and is provided at a realistic cost, and to

        (b)  require the WorkCover Corporation to be more objective in the assistance its Claims staff provide employers in relation to claims management, case management, and false and fraudulent claims.

 

                                ____________

 

 

     Present during the day - All the Members.

 

 

 

 

 

 

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK