No 1

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 15 SEPTEMBER 2003

 

 

1       Meeting of House

         The House met pursuant to proclamation.

 

2        Proclamation

         The Clerk read the Proclamation issued by the Governor’s Deputy as follows:

 

               SUMMONING THE THIRD SESSION OF THE FIFIETH PARLIAMENT

 

Constitution (Third Session of the Fiftieth Parliament) Proclamation 2003

 

under section 6(1) of the Constitution Act 1934

 

1---Short title

               This proclamation may be cited as the Constitution (Third Session of the Fiftieth Parliament) Proclamation 2003.

2---Commencement

               This proclamation comes into operation on the day on which it is made.

3---Prorogation of Parliament

               I prorogue the Parliament of South Australia.

4---Third session of the Fiftieth Parliament

      (1)     I fix 12 noon on 15 September 2003 as the time for holding the third session of the

Fiftieth Parliament.

(2)           I declare that the place for holding the Parliament will be the building known as Parliament House at North Terrace, Adelaide.

(3)           I 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 attend accordingly.

Made by the Governor’s Deputy

with the advice and consent of the Executive Council

on 31 July 2003.

 

3               Prayers

The Speaker read prayers.

 

4        Summons from Governor

A summons was received from the Governor’s Deputy 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

At 12.50 pm the sitting of the House was suspended.

At 2.30 pm the Speaker resumed the Chair.

 

6        Death of Mr D Boundy

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Mr David Boundy, former Member of the House of Assembly, 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 (Hon R G Kerin), Mrs Hall, Mr Meier and the Speaker:

Motion carried in silence; Members rising in their places.

 

7       Suspension and resumption

At 3.00 pm the sitting of the House was suspended.

At 3.10 pm the Speaker resumed the Chair.

 

8       Petitions Nos 1 to 4

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

 

1    The Deputy Premier (Hon K O Foley), from 796 residents of South Australia, requesting the House to urge the Government to preserve and maintain the sandy beach at Largs North, south of the Port Adelaide Rowing Club to the northern boundary of the Caltex shore facilities.

 

2    The Minister for Environment and Conservation (Hon J D Hill), from 410 residents of Campbelltown City Council, requesting the House to urge the Government to remove the recently imposed car-parking fees being charged at the Morialta Conservation Park.

 

3    Mr Meier, from 356 residents of South Australia, requesting the House to urge the Minister for Agriculture, Food and Fisheries, as a matter of urgency, to ensure that fisheries officers and boat inspectors are located at Wallaroo in the former Ports Corporation Office, adjacent to the Wallaroo Wharf.

 

4    Hon I F Evans, from 160 residents of South Australia, requesting the House to urge the Minister for Environment and Conservation to take into account the heritage, pastoral and colonial history of the Coffin Bay Peninsula and reconsider his decision to relocate the Coffin Bay Ponies.

 

9       Papers

         The following Papers were tabled:

 

By the Minister for Police (Hon K O Foley) –

      Police Superannuation Scheme Actuarial Report – 30 June 2002

 

By the Minister for Local Government (Hon R J McEwen) –

      Local Council By-Laws –

                  City of Mount Gambier - No. A4(6) - Exemption for Election Moveable Signs

                  District Council of Coober Pedy –

                        No 3 Local Government Land

                        No 4 Roads.

 

10      Opening Speech of the Governor’s Deputy

The Speaker reported that the House had this day, in compliance with a summons from the Governor’s Deputy, attended in the Legislative Council where the Governor’s Deputy 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).

 

11      Paper

         The Speaker laid on the Table the following reports:

 

House of Assembly Members Annual Travel Report 2002-2003

 

One Hundred and Ninety-First Report of the Public Works Committees entitled National Conference of Public Works and Environment Committees – Western Australia 29 June – 3 July 2003, which have been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991.  (Paper No 181).

 

12           Economic and Finance Committee - Reports –

2002 – 2003 Annual Report

Ms Thompson brought up the Forty-Fourth Report of the Committee being the 2002-2003 Annual Report.

Report received.

Ordered to be published (Paper No 183).

 

Holdfast Shores Development

Ms Thompson brought up the Forty-Fifth Report of the Committee on the Holdfast Shores Development.

Report received.

Ordered to be published (Paper No 184).

 

13      Questions

Questions without notice were asked.

 

14      Grievance debate

On motion of the Speaker, the House noted grievances.

 

15      Standing Orders Committee - Appointment of Members

Ordered, on motion of the Minister for Health (Hon L Stevens), - That the appointment of members to the Standing Orders Committee be deferred until tomorrow.

 

16      Publishing Committee - Appointment of Members

The Minister for Health moved - That a Publishing Committee be appointed consisting of Ms Ciccarello, Mr Goldsworthy, Mr Koutsantonis, Ms Thompson and Mr Venning.

Question put and passed.

 

17      Joint Committee on a Code of Conduct for Members of Parliament

The Minister for Health, by leave, moved – That the Members of the House of Assembly on the Joint Committee on a Code of Conduct for Members have power to continue sitting on the Committee during the present Session.

Question put and passed.

 

18      Select Committee on the Cemetery Provisions of the Local Government Act - Extension of time for bringing up Report

Hon R B Such, by leave, moved - That the Select Committee on the Cemetery Provisions of the Local Government Act have power to continue its sittings during the present Session and that the time for bringing up its report be extended until Monday 10 November.

Question put and passed.

 

19      Address in Reply

The Minister for Health nominated the Member for Reynell to move an Address in Reply to the Governor’s Deputy Opening Speech.

Ordered, on motion of the Minister for Health – That consideration of the Address in Reply be made an Order of the Day for tomorrow.

 

20      Adjournment

The Minister for Health moved - That the House do now adjourn.

Debate ensued.

Question put and passed.

House adjourned at 5.37 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 16 September 2003

 

Notices of Motion – Government Business

 

The Minister for Infrastructure (Hon P F Conlon), to move – That for the remainder of the Session, Standing Orders be so far suspended as to provide –

(A)     that -    

(i)   unless otherwise ordered, the House sits on each Monday at 2 pm; and

(ii)  unless otherwise ordered, the motion for adjournment on Mondays is moved not later than 10 pm and if the motion is moved before that time, it may be debated; and

(B)     that Private Members Business has precedence over all other business as follows -

(i)  on Wednesdays for two hours after grievances – Bills, Motions with respect to Committees (including Reports of Committees) and Motions for Disallowance of Regulations; and

(ii)  on Thursdays from 10-30 am to 1 pm – Other Motions;

provided that –

(a)      Notices of Motion take priority over Orders of the Day unless otherwise ordered; and

(b)      if all business in (ii) is completed before 1 pm the sitting of the House is suspended until 2 pm.

 

The Minister for Infrastructure to move – That Standing Orders be and remain so far suspended as to enable restoration and introduction of Government Bills before the Address-in-Reply.

 

The Attorney-General (Hon M J Atkinson), to move – That he have leave to introduce a Bill for an Act to amend the Development Act 1993 and the Summary Offences Act 1953.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953.

 

The Minister for Transport (Hon M J Wright), to move – That he have leave to introduce a Bill for an Act to amend the Passenger Transport Act 1994 and to make related amendments to the Road Traffic Act 1961 and the Superannuation Act 1988.

 

The Minister for Transport to move – That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

 

            For Thursday 18 September 2003

 

Notices of Motion – Other Motions

 

Mr Venning to move That this House this House calls on the Government to examine the feasibility of adopting random drug testing of drivers and if feasible, to implement such testing in conjunction with random breath testing.

 

Ms Thompson to move That this House recognises the outstanding contribution made by Bill Cossey to public administration in South Australia and in particular, his service to the Institute of Public Administration Australia.

 

Hon D C Kotz to move – That this House congratulates Gordon Pickard of Fairmount Homes,  for his timely financial support to enable the soccer community to establish a South Australian soccer team and automatic entry into the National Soccer League and maintaining the rightful profile of South Australian Soccer nationally.

 

Ms Chapman to move – That this House congratulates the Honourable Justice Kemeri Murray, currently the longest serving Judge in Australia, on celebrating thirty years on the bench.

 

Ms Chapman to move – That this House congratulates the Government on the  appointments of Justices Ann Vanstone QC, Trish Kelly QC, Maria Panagitidis and Penny Eldridge to greatly enhance representation of women in the South Australia judiciary.

 

            For Wednesday 24 September 2003

 

Notices of Motion – Private Members Business/ Bills/ Committees/ Regulations

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Graffiti Control Act 2001 and to make related amendments to the Criminal Law Consolidation Act 1935.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employee Relations Act 1994.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Road Traffic Act 1961.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

 

Mr Venning to move That this House calls on the Economic and Finance Committee to examine and make recommendations on the feasibility of the proposal of Maunsell Australia Pty Ltd’s to construct a rail bypass east of Adelaide.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Committees Act 1991.

 

Ms Thompson to move That the Forty-Forth Report of the Economic and Finance Committee entitled the Annual Report 2002-03 be noted.

 

Ms Thompson to move That the Forty-Fifth Report of the Economic and Finance Committee on Holdfast Shores Development be noted.

 

            For Thursday 25 September 2003

 

Notice of Motion –Other Motions

 

Ms Ciccarello to move – That this House condemns the Howard Government for its treatment of the Australian Broadcasting Corporation.

 

            For Wednesday 15 October  2003

 

Notices of Motion – Private Members Business/ Bills/ Committees/ Regulations

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Retail and Commercial Leases Act 1995.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Industrial and Employees Relations Act 1994.

 

Hon I F Evans to move – That he have leave to introduce a Bill for an Act to amend the Motor Vehicles Act 1959.

 

 

 

            For Tuesday 21 October 2003

 

Notice of Motion – Government Business

 

The Minister for Environment and Conservation to move – That this House requests Her Excellency the Governor to make a proclamation under section 43(4) of the National Parks and Wildlife Act 1972, to vary the proclamation made under sections 28 and 43 of that Act on 26 September 1996, so as to remove the ability to acquire or exercise pursuant to that proclamation, rights of entry, prospecting, exploration or mining under the Mining Act 1971, the Petroleum Act 1940 (or its successor) or the Petroleum (Submerged Lands) Act 1982 over the land constituted by that proclamation as the Great Australian Bight Marine National Park.

 

 

____________

 

 

Present during the day - All Members except Hon G M Gunn.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY