No 1

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

 

 

 

WEDNESDAY 4 OCTOBER 2000

 

 

1       Meeting of House

The House met pursuant to Proclamation. The Speaker (Hon J K G Oswald) took the Chair.

 

2       Proclamation

The Clerk read the Proclamation issued by His Excellency the Governor and dated 10 August 2000 as follows:

 

SUMMONING THE FOURTH SESSION OF THE FORTH-NINTH PARLIAMENT

 

(L.S.) E J NEAL                                                    Proclamation by the Governor

 

PURSUANT to section (6)(1) of the Constitution Act 1934 and with the advice and consent of the Executive Council, I:

(a)     fix 12 noon on 4 October 2000 as the time for holding the fourth session for the Forty-Ninth Parliament; and

(b)     declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace; and

(c)     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 the hand and the Public Seal of South Australia, at Adelaide, 10 August 2000.

 

                                                                        By command,

                                                                                    MARK BRINDAL, for Premier

 

3       Prayers

The Speaker read prayers.

 

4       Summons from Governor

A summons was received from His Excellency the Governor desiring the attendance of this Honourable 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.

 

5       Suspension and resumption of sitting

         At 12.44 pm the sitting of the House was suspended.

         At 2.15 pm the Speaker resumed the Chair.

 


6       Message from the Governor

         The following Message from the Governor was received and read:

 

         Senate Vacancy                                                                         Message No 1

The Governor informs the House of Assembly that the President of the Senate, in accordance with Section 21 of the Constitution of the Commonwealth of Australia, notified him that, in consequence of the resignation on the fifteenth day of August, 2000, of Senator John Andrew Quirke, a vacancy occurred in the representation of this State in the Senate of the Commonwealth. As the Parliament of this State was not in session when the vacancy was notified, the Governor informs the House that the place was filled pursuant to Section 15 of the Constitution of the Commonwealth of Australia by Geoffrey Frederick Buckland. The Governor is advised that the place of the Senator, having become vacant and being so filled within the meaning of Section 15, will again fall vacant at the expiration of fourteen days from the beginning of the Fourth Session of the Forty-Ninth Parliament and before the expiration of the original term of John Andrew Quirke and that such place must be filled by the Houses of Parliament, sitting and voting together, choosing a person to hold it in accordance with the provisions of the said Section.

         Government House, 4 October 2000                                           E J Neal, GOVERNOR

 

7       Death of Sir Mark Oliphant KBE

The Premier (Hon J W Olsen), by leave, moved - That the House of Assembly expresses its deep regret at the death of Sir Mark Laurence Elwin Oliphant KBE, former Governor of this State, and places on record its appreciation of his distinguished service to the State; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition (Hon M D Rann), the Minister for Human Services (Hon D C Brown), Mr De Laine and the Hon D C Wotton.

         Motion carried in silence; Members rising in their places.

 

8       Suspension and resumption of sitting

         At 2.38 pm the sitting of the House was suspended.

         At 2.45 pm  the Speaker resumed the Chair.

 

9       Death of Former Premier – Hon David Tonkin AO

The Premier, by leave moved - That the House of Assembly expresses its deep regret at the death of Hon David Oliver Tonkin AO, former Premier and Member of the House and places on record its appreciation of his long and meritorious service; and as a mark of respect to his memory the sitting of the House be suspended until the ringing of the bells.

And being supported by the Leader of the Opposition, the Minister for Human Services, Messrs De Laine and Venning, Ms Key, Hon G A Ingerson, Mr Hill, Hon D C Wotton, Hon G M Gunn, the Minister for Tourism (Hon J L Hall), the Minister for Minerals and Energy (Hon W A Matthew), Mr Scalzi, Mrs Penfold, Mr Lewis and the Speaker.

Motion carried in silence; Members rising in their places.

 

10      Suspension and resumption of sitting

         At 4.17 pm the sitting of the House was suspended.

         At 4.25 pm the Speaker resumed the Chair.

 

11      Opening Speech of the Governor

The Speaker reported that the House had this day, in compliance with a summons from His Excellency the Governor, attended in the Legislative Council where His 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 now laid upon the Table.

Ordered to be published (Paper No 1).


 

12      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 Hon G Weatherill, at which Mr R K Sneath was elected.

 

13      Petitions Nos 1 to 7

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

 

1    The Minister for Human Services, from 237 residents of South Australia, requesting that the House make the State free of genetically modified agricultural crops.

 

2    The Minister for Human Services, from 87 residents of South Australia, requesting that the House urge the Government to maintain services at the Queen Elizabeth Hospital.

 

3 to 5    The Leader of the Opposition, Hon G M Gunn and Mr Venning, from 1,531 residents of South Australia, requesting that the House ensure Government funding of public libraries is maintained.

 

6 and 7 Messrs Meier and McEwen, from 130 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

14      Papers

The Speaker laid on the Table the following papers:

 

      Registrar of Members’ Interests - Registrar’s Statement – June 2000.

      Ordered to be published (Paper No 133).

 

      The Auditor-General’s Report for the year ended 30 June 2000.

      Ordered to be published (Paper No 4).

 

The Speaker laid on the table the following reports which had been printed and published pursuant to section 17 (7) of the Parliamentary Committees Act 1991.

 

      The Thirty-First Report of the Economic and Finance Committee on South Australian Government Assistance to Industry.

            (Paper No 220).

 

The Report of the Legislative Review Committee on the Freedom of Information Act 1991.

      (Paper No 185).

 

The One Hundred and Thirtieth Report of the Public Works Committee on the Robe Terrace Upgrade

                     (Paper No 221).

 

The One Hundred and Thirty-First Report of the Public Works Committee on the Mount Pleasant Treatment Plant.

      (Paper No 222).

 

The One Hundred and Thirty-Second Report of the Public Works Committee on the Hope Valley Reservoir Rehabilitation Project.

      (Paper No 223).

 


The One Hundred and Thirty-Third Report of the Public Works Committee on the Football Park Grandstand.

      (Paper No 181).

 

The One Hundred and Thirty-Fourth Report of the Public Works Committee on the Le Mans Track Project.

      (Paper No 182).

 

15      Public Works Committee - Report – Coopers Brewery Relocation – Final Report

Mr Lewis brought up the One Hundred and Thirty-Fifth Report of the Public Works Committee on the Coopers Brewery Relocation – Final Report.

Report received.

Ordered to be published (Paper No 185).

 

16      Papers

         The following Papers were tabled:

 

By the Premier –

      Disciplinary Appeals Tribunal – Report, 1999-2000

      Government Boards and Committees Information – Report, 1999-2000

      Promotions and Grievance Appeals Tribunal – Report, 1999-2000

 

      Fees Regulation Act – Regulations – Revocation

 

By the Minister for Primary Industries and Resources (Hon R G Kerin) –

      Advisory Board of Agriculture – Report, 1999-2000

      Phylloxera and Grape Industry Board of South Australia – Report, 1999-2000

 

      Regulations under the following Acts –

            Dairy Industry – Licence Fees

            Fisheries Act –

                  Exotic Fish

                  General

                  Miscellaneous

                  Prawn Fisheries Variation

            Mining Act – Private Mines

            Petroleum – Principal

            Petroleum Products Subsidy – Customs

 

By the Minister for Human Services –

      Booleroo Centre District Hospital & Health Services Inc. – Report, 1999-2000

      Dental Board of South Australia – Report, 1999-2000

      Plan Amendment Reports –

            Berri-Barmera – General Review and Consolidation

            City of Norwood Payneham and St Peters, Kensington and Norwood (City) Development Plan, Local Heritage (Built Heritage) Review – Interim Operation

            Hills Face Zone Amendment – Interim Operation

            Telecommunications Facilities Statewide Policy Framework – Interim Operation

      Physiotherapists Board of South Australia – Report, 1999-2000

 


      Regulations under the following Acts –

            Adoption – Age

            Controlled Substances –

                  Cannabis Plant Expiation

                  Poisons

                  Prohibited Substances

            Development – Telecommunications Facilities

            Local Government (Implementation) – Public Consultation

            Motor Vehicles –

                  Accident Towing Roster Scheme

                  Fees Recovery

                  Passing Emergency Vehicles

            Occupational Therapists – Prescribed Qualifications

            Local Government Finance Authority – Prescribed Bodies

            Passenger Transport – Exclusions from Accreditation

            Radiation Protection and Control – Ionising Radiation

            Road Traffic –

                  Emergency Workers

                  Hospitals for Compulsory Blood Test

                  Inspection Fees

                  No U-Turn Signs

            South Australian Health Commission – Private Hospitals

 

By the Minister for Government Enterprises (Hon M H Armitage) –

      Public Corporations Act – Ministerial Direction – South Australian Ports Corporation

 

      Regulations under the following Acts –

            Dangerous Substances – Application of Commonwealth Regulations

            Daylight Saving – Summer Time 2000-2001

            Valuation of Land – Fixtures

            Workers Rehabilitation and Compensation –

                  Crown Agencies

                  Dispute Resolution – Payment of GST

                  General – Payment of GST

                  Reviews and Appeals – Payment of GST

 

By the Minister for Education and Children’s Services (Hon M R Buckby) –

      Adelaide University – Report, 1999

      Flinders University of South Australia –

            Report, 1999

            Statute Amendments Allowed by the Governor in 1999

      Gaming Machines Act – State Supply Board – Report, 1999-2000

      University of South Australia –

            Financial Statements, 1999

            Report, 1999

 

      Regulations under the following Acts –

            Electricity – Industry

            Lottery and Gaming – Interpretation Variation

            Police Superannuation – Commutation

            Public Corporations – Adelaide Convention Centre Corporation

            Public Finance and Audit – Variation of Bodies

            Superannuation – Miscellaneous Amendment

 


By the Minister for Environment and Heritage (Hon I F Evans) –

      Evidence Act – Report Relating to Suppression Orders, 1999-2000

      Classification (Publications, Films and Computer Games) Act –

          Guidelines for the Classification of Films and Videotapes

          National Classification Code

      Land Board – Report, 1999-2000

      Ministerial Statement –

            Criminal Law (Undercover Operations) Act

            Report on the Operation of Section 93AA of the Equal Opportunity Act 1984

      Reserve Planning and Management Advisory Committee – Report, 1999-2000

      South Australian National Parks and Wildlife Council – Report, 1999-2000

      Summary Offences Act  –

            Dangerous Area Declarations, 1 April 2000 to 30 June 2000

            Road Block Establishment Authorisations, 1 April 2000 – 30 June 2000

      Wildlife Advisory Committee – Report, 1999-2000

 

      Regulations under the following Acts –

            Bail – Bail Application – Written Reasons

            Botanic Gardens and State Herbarium – Admission Charges

            Coast Protection –

                  Eyre

                  Fleurieu

                  Kangaroo Island

                  Metropolitan

                  South-East

                  Spencer

                  Yorke

            Conveyancers – Cheques Exemption

            Environment Protection – Weigh Bridge

            Land Agents – Cheques Exemption

            Plumbers, Gas Fitters and Electricians – Smith’s Snackfood

            Liquor Licensing –

                  Clare and Gilbert Valleys

                  Dry Areas –

                        Barmera

                        Port Adelaide

                        Victor Harbor

            National Parks and Wildlife –

                  Administrative

                  Royalty

            Recreation Grounds – Hindmarsh Stadium

            Sexual Reassignment – Principal

            Sheriff’s Act – Items on Premises

            Subordinate Legislation – Postponement of Expiry

 

      Rules of Court –

            District Court Act – District Court –

                  Person Under Disability

                  Application of Schedules

            Magistrates Court Act – Magistrates Court - Erratum

            Supreme Court Act – Supreme Court –

                  GST Costs

                  Interest Rate Application

                  Interest Rate Change

                  Performance Indicators

                  Registry Hours

 

By the Minister for Recreation, Sport and Racing (Hon I F Evans) –

      Racing Act – Regulations – The Authority

 


By the Minister for Water Resources (Hon M K Brindal) –

      Border Groundwater Agreement Review Committee – Report, 1998-1999

 

      Water Resources Act – Regulations – Meters

 

By the Minister for Tourism –

      Seventh Australian Masters Games – Report, 1999-2000

      South Australian Motor Sport Board – Statement of Accounts, 1999-2000

 

By the Minister for Local Government (Hon D C Kotz) –

      Boundary Adjustment Facilitation Panel – Report, 1999-2000

      Local Government Elections – Report, May 2000

      Local Government Finance Authority – Report, 2000

      Local Government Grants Commission South Australia – Report, 1999-2000.

 

17      Questions

         Questions without notice were asked.

 

18      Extension of sitting

The Deputy Premier moved - That the sitting of the House be extended beyond 6.00pm.

Question put and passed.

 

19      Questions

         Questions without notice (interrupted by the foregoing) resumed.

 

20      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

21      Address in Reply

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

Ordered – That consideration of the Address in Reply be made an Order of the Day for tomorrow.

 

22      Standing Orders Committee

The Deputy Premier moved - That a Standing Orders Committee be appointed consisting of the Speaker and Messrs Atkinson and De Laine, Hon G M Gunn and Mr Meier.

Mr McEwen demanded a ballot.

The House then proceeded to ballot, whereupon the Speaker and Messrs Atkinson, De Laine, Lewis and Meier were declared elected to the Committee.

 

23      Publishing Committee

The Deputy Premier moved - That a Publishing Committee be appointed consisting of Mr Hamilton-Smith, Ms Hurley and Messrs Koutsantonis, Scalzi and Venning.

Question put and passed.

 

24      Joint Committees on Transport Safety and the Electricity Business Disposal Process

The Deputy Premier, by leave, moved – That the Joint Committees on Transport Safety and the Electricity Businesses Disposal Process have power to continue their considerations during the present Session.

Question put and passed.

 


25      Select Committee on the Murray River - Extension of time

The Deputy Premier, by leave, moved - That the Select Committee on the Murray River have power to continue its sittings during the present Session and that the time for bringing up its report be extended until Thursday 30 November.

Question put and passed.

 

26      Next day of sitting

         The Deputy Premier moved - That the House at its rising adjourn until 2.30 pm tomorrow.

         Question put and passed.

 

27      Adjournment

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

         Question put and passed.

         House adjourned at 6.47 pm until tomorrow at 2.30 pm.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

         For Thursday 5 October 2000

 

Notices of Motion – Government Business

The Minister for Human Services to move – That he have leave to introduce a Bill for an Act to amend the Transplantation and Anatomy Act 1983.

 

The Minister for Human Services to move – That he have leave to introduce a Bill for an Act to amend the Family and Community Services Act 1972.

 

The Minister for Government Enterprises to move – That the South Australian Ports (Disposal of Maritime Assets) Bill be restored to the Notice Paper as a lapsed Bill, pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to provide for access to South Australian ports and maritime services on fair commercial terms; to provide for price regulation of essential maritime services; to amend the South Australian Ports (Bulk Handling Facilities) Act 1996; and for other purposes.

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Harbors and Navigation Act 1993.

 

The Minister for Employment and Training to move – That he have leave to introduce a Bill for an Act to amend the Construction Industry Training Fund Act 1993.

 

 

For Wednesday 29 November 2000

 

The Minister for Environment and Heritage to move – That this House requests His Excellency the Governor to make a proclamation under section 29(3) and section 28(1) of the National Parks and Wildlife Act 1972 abolishing the Naracoorte Caves Conservation Park and constituting the land formerly comprising that park (except for four small parcels that have negligible value) as a national park with the name Naracoorte Caves National Park.

 

 

 

For Wednesday 11 October 2000

 

Notices of Motion – Standing Committee Reports

Hon G M Gunn to move – That the Thirty-First Report of the Economic and Finance Committee on South Australian Government Assistance to Industry be noted.

 

Mr Condous to move – That the Report of the Legislative Review Committee on the Freedom of Information Act 1991 be noted.

 

Mr Lewis to move – That the One Hundred and Thirtieth Report of the Public Works Committee on the Robe Terrace Upgrade – Final Report be noted.

 

Mr Lewis to move – That the One Hundred and Thirty-First Report of the Public Works Committee on the Mount Pleasant Water Treatment Plant – Final Report be noted.

 

Mr Lewis to move – That the One Hundred and Thirty-Second Report of the Public Works Committee on the Hope Valley Reservoir Rehabilitation Project – Final Report be noted.

 

Mr Lewis to move – – That the One Hundred and Thirty-Third Report of the Public Works Committee on the Football Park Grandstand – Final Report be noted.

 

Mr Lewis to move – That the One Hundred and Thirty-Fourth Report of the Public Works Committee on the Le Mans Track Project – Final Report be noted.

 

Mr Lewis to move – That the One Hundred and Thirty-Fifth Report of the Public Works Committee on the Coopers Brewery Relocation – Final Report be noted.

 

 

For Thursday 12 October 2000

 

Notices of Motion  - Private Members Bills/ Committees/ Regulations

Ms Bedford to move – That she have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

 

Ms Stevens to move – That she have leave to introduce a Bill for an Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health and community service users and providers; and for other purposes.

 

Mr Lewis to move – That he have leave to introduce a Bill for an Act to amend the City of Adelaide Act 1998.

 

Notices of Motion – Other Motions

Mr Hamilton-Smith to move – That this House congratulates all South Australian and Australian athletes, Olympic and Government officials and volunteers who either participated in or helped organise the Sydney Olympic Games.

 

Mr Wright to move – That this House acknowledges and congratulates the South Australian athletes who competed and represented Australia at the 27th Olympiad and also thanks the coaches, medical staff, volunteers, sporting officials, administrators, the public and the many family members who played such an important part in making sure this great sporting State not only had its share of Olympic Gold, Silver and Bronze medals, but of personal bests and sporting achievements that made them all such fine ambassadors for South Australia.

 

Mr Scalzi to move – That this House commends the Prime Minister on his stand on IVF programs and urges South Australian Senators to support legislation to allow the States to determine who should be entitled to participate in their States’ IVF Programs.

 

Ms Bedford to move – That this House re-states its apology to the Aboriginal people for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.

 

Mr Lewis to move – That this House calls on the Government to direct SA Water to provide, within the next 12 months, all residents, businesses, institutions and allotments in Swan Reach with a potable, filtered water supply at appropriate pressure, regardless of elevation above the level of the Murray River, at no direct additional expense to the rate payers.

 

Ms Stevens to move – That this House congratulates the Central District Football Club – players, coaches, officials, members and supporters on the magnificent achievement in becoming South Australian National Football League Premiers.

 

Mr Hamilton-Smith to move – That this House congratulates the Government and all those who contributed in making Adelaide’s Olympic Football Matches at Hindmarsh Stadium such a resounding success and in particular, the players, volunteers, officials and spectators whose enthusiasm contributed to securing our Olympic history and putting Adelaide on show to the world.

 

Mr Lewis to move – That this House strongly recommends that the Federal Government change the date upon which Australia Day is celebrated from 26 January to 9 May, the day upon which the Federal Parliament first sat.

 

Mr Lewis to move – That this House condemns the Commissioner for Consumer Affairs for inaction and failure to deal with the fraud perpetrated by the owner/ entrepreneur known as American Boulevard for defrauding hundreds of young South Australians of the money they paid for his advertised concert featuring Xzibit, Likwit Crew and the Alkaholiks.

 

 

For Thursday 26 October 2000

 

Mr Lewis to move – That this House calls on Telstra to establish additional Points of Presence, other than those that have been required under the terms of contract for the Government Radio Network and in the process to put one such Point of Presence at Strathalbyn and in similar locations throughout rural and regional South Australia.

 

Mr Lewis to move – That this House –

      (a)  commends the Member for Chaffey for her persistence in getting an inquiry by Mr J  M A Cramond into the involvement of the Premier in the Government Radio Network;

      (b)  calls on the Attorney-General and the Government to immediately invite Mr Cramond to further report to the Parliament any matters which came to light through his inquiries and which did not reflect good and proper public administration and to do so before the end of March 2001;

      (c)  condemns the Premier in his desire to obscure the finding behind the strength of his statement in his rhetoric when noting the document; and

      (d)  denounces Liberal Members of Parliament for supporting the Premier’s ploy in his subsequent statements to the House to obscure the findings contained in the report.

 

Mr Lewis to move – That this House–

      (a)  notes that there are unprincipled, uncaring apiarists whose hives are infested with American Foul Brood and who in many instances are also using antibiotics to hide it even though the practice is against the law; and therefore

      (b)  condemns the State Government for failing to uphold the law, prosecute the offenders and destroy the diseased hives.

 

 

____________

 

 

         Present during the day - All Members except Mr Atkinson.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY