No 1

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 14 SEPTEMBER 2004

 

 

1       Meeting of House

         The House met pursuant to proclamation.

 

2        Proclamation

         The Clerk read the Proclamation issued by the Governor as follows:

 

               SUMMONING THE FOURTH SESSION OF THE FIFIETH PARLIAMENT

 

Constitution (Fourth Session of the Fiftieth Parliament) Proclamation 2004)

 

under section 6(1) of the Constitution Act 1934

 

1    Short title

               This proclamation may be cited as the Constitution (Fourth Session of the Fiftieth Parliament) Proclamation 2004.

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    Fourth session of the Fiftieth Parliament

      (1)     I fix 12 noon on 14 September 2004 as the time for holding the fourth 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

with the advice and consent of the Executive Council

on 12 August 2004.

 

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 1.00 pm the sitting of the House was suspended.

At 2.15 pm the Speaker resumed the Chair.

 

6       Petitions Nos 1 to 7

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

 

1    The Minister for Environment and Conservation, (Hon J D Hill), from 12 residents of South Australia, requesting the House to urge the Government to reject the proposed divestment and subsequent sale of Beechwood Heritage Gardens.

 

2    The Minister for Agriculture, Food and Fisheries, (Hon R J McEwen), from 135 residents of South Australia, requesting the House to urge the Government to take action to ban the use of commercial fishing nets within the Gulf of St Vincent.

3, 4 and 5    The Minister for Employment, Training and Further Education, (Hon S W Key), Hon R B Such and Mr Brokenshire from 116 residents of South Australia, requesting the House to pass the recommended legislation coming from the Constitutional Convention and provide for a referendum, at the next election, to adopt or reject each of the Convention’s proposals.

 

6    Mrs Penfold, from 56 residents of South Australia, requesting the House to urge the Government to place a ban on the taking of Razorfish at Blanchport, between the high and low watermark, while spawning is in progress from October 31st to February 28th; except for the holders of marine scale fishing licences.

 

7    Hon M R Buckby, from 2 residents of South Australia, requesting the House to urge the Government to take action to establish an independent inquiry to fully investigate and report upon allegations of sexual abuse of wards of the State and others in institutional care.

 

7       Papers

         The Speaker laid on the Table the following reports:

 

            Ceduna, District Council of – Report 2002-2003

            Orroroo Carrieton, District Council of – Report 2002-2003

            Yorke Peninsula, District Council of – Report 2002-2003.

 

8       Suspension of Standing Orders

The Minister for Infrastructure (Hon P F Conlon), without notice, moved - That Standing Orders be and remain so far suspended as to enable restoration and introduction of Government Bills before the Address-in-Reply is adopted.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

9       Paper

         The following Paper was tabled:

 

By the Minister for Families and Communities (Hon J W Weatherill) –

Forgotten Australians: A report on Australians who experienced institutional or out-of-home care as children – Senate Community Affairs Reference Committee Inquiry Report.

 

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      Questions

Questions without notice were asked.

 

 

 

12      Suspension of Standing Orders

The Minister for Infrastructure, without notice, moved - That for the remainder of the Session, Standing Orders be so far suspended as to enable that

(A)     (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)     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.

Question put and passed, without a negative voice, there being present an absolute majority of the whole number of Members of the House.

 

13      Grievance debate

On motion of the Speaker, the House noted grievances.

 

14      Standing Orders Committee - Appointment of Members

The Minister for Infrastructure moved – That Hon D C Brown, Mrs Geraghty, Hon G M Gunn and Mr Hanna be appointed to act with the Speaker as members of the Standing Orders Committee.

Question put and passed.

 

15      Publishing Committee - Appointment of Members

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

Question put and passed.

 

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

The Minister for Infrastructure, 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.

 

17      Select Committee on the Juvenile Justice System - Extension of time for bringing up Report

Hon R B Such, by leave, moved - That the Select Committee on the Juvenile Justice System have power to continue its sittings during the present Session and that the time for bringing up its report be extended until Monday 22 November.

Question put and passed.

 

18      Select Committee on Nurse Training and Education - Extension of time for bringing up Report

Hon R B Such, by leave, moved - That the Select Committee on Nurse Training and Education have power to continue its sittings during the present Session and that the time for bringing up its report be extended until Wednesday 24 November.

Question put and passed.

 

19      Economic and Finance Committee – Substitution of Member

The Minister for Infrastructure, by leave, moved –That Mr Hamilton-Smith be appointed to the Economic and Finance Committee in place of Hon K A Maywald.

Question put and passed.

 

 

20      Natural Resources Committee – Substitution of Member

The Minister for Infrastructure by leave, moved –That Mr Rau be appointed to the Natural Resources Committee in place of Hon K A Maywald, resigned.

Mr Meier moved to amend the motion by deleting “Mr Rau” and inserting “Hon W A Matthew”.

Debate continued.

Mr Meier demanded a ballot.

The House then proceeded to ballot, whereupon Mr Rau was elected to the Committee.

 

21      Address in Reply

The Minister for Infrastructure nominated the Member for Enfield (Mr Rau), to move an Address in Reply to the Governor’s Deputy Opening Speech.

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

 

22      Adjournment

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

Debate ensued.

Question put and passed.

House adjourned at 5.12 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 15 September 2004

 

Notices of Motion – Government Business

 

The Premier to move – That the Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Minister for Infrastructure – That the Fire and Emergency Services Bill be restored to the Notice Paper as a lapsed Bill pursuant to section 57 of the Constitution Act 1934.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934 and the Parliament (Joint Services) Act 1985.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend various Acts to make provision for same sex couples to be treated on an equal basis with opposite sex couples; and for other purposes.

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law (Legal Representation) Act 2001 and the Legal Services Commission Act 1977; and to make a related amendment to the Legal Services Commission (Miscellaneous) Amendment Act 2002.

 

The Minister for Gambling to move – That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

 

The Minister for Industrial Relations to move – That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986 and to make related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

 

 

 

 

 

 

            For Wednesday 22 September 2004

 

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

 

Mr Scalzi to move – That the Social Development Committee investigate and report upon the impact of Youth Debt on individuals, families and the community, in South Australia and in particular –  

(a)        debt relating to mobile phone contracts;

(b)        debt relating to credit cards;

(c)        the role of educational strategies including, school-based and community-based responses;

(d)        the role of legislation;

(e)        comparative interstate strategies;

(f)          availability and access to dedicated support services for youth in South Australia; and

(g)        other related matters.

 

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.

 

Mr Williams to move – That he have leave to introduce a Bill for an Act to protect the owner of the Cape Jaffa lighthouse platform from civil liability.

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to encourage the rehabilitation of offenders by providing that certain convictions will become spent on completion of a period of crime-free behavior; and for other purposes.

 

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

 

            For Thursday 23 September 2004

 

Notices of Motion – Other Motions

 

Mrs Hall to move – That this House notes the importance of Australian Citizenship Day on September 17 and supports the initiative of the Hon Gary Hardgrove,  the Federal Minister for Citizenship and Multicultural Affairs, to provide and encourage more than 72,000 eligible South Australians to take up full Australian Citizenship.

 

Mr Snelling to move – That this House congratulates the South Australian Coaches and Officials who represented Australia at the 2004 Athens Olympics and so magnificently supported our Olympic athletes.

 

Mr Hamilton-Smith to move – That this House congratulates the State Opera of South Australia for its success at the National 2004 Helpmann Awards in Sydney with its production ‘Dead Man Walking’ and winning best opera, best direction by Joe Mantello and Brad Dalton, best male in an opera by Teddy Tahu Rhodes and best supporting female by Elizabeth Campbell.

 

Mr Caica to move – That this House congratulates the outstanding efforts of our South Australian Olympic Athletes who contributed to the most successful Australian Olympic team of all time and especially recognises the contribution of Sarah Ryan and Rachael Sporn who have recently announced their retirement from International competition.

 

Ms Ciccarello to move – That this House congratulate Mark Ricciuto , Warren Tredrea and Chad Cornes on their selection to the AFL 2004 ‘All Australian Team’ and particularly congratulates Mark and Warren on being named Captain and Vice Captain, respectively.

 

Ms Chapman to move – That this House condemns the Australian Labor Party and Federal Leader of the Opposition for refusing to disclose which independent schools will have their funding cut and by how much, under its proposal to redistribute Commonwealth funding from the non-Government Sector.

 

Hon R B Such to move – That this House calls on the Local Government Association to commission or appoint an independent body to –

(a)       consider the desirability or otherwise of changing the number of Metropolitan Councils and their configuration, as well as the advantages and disadvantages of maintaining the status quo;

(b)       make recommendations as to how Metropolitan Councils can be more efficient and effective in the delivery of services both as individual Councils and through cooperative endeavours;

(c)       make recommendations about how changes, including rates, can be implemented in accordance with equity principles; and

(d)       consider ways to ameliorate upward pressure on rates and other charges, including possible changes in cost shifting practices and council responsibilities, as well as an examination of possible new funding arrangements, including a percentage share of GST revenue.

 

Hon R B Such to move – That this House requests the Auditor-General to provide, via his reporting process to Parliament, an increased emphasis on ways in which Government Agencies and Departments can enhance their service delivery through improved efficiency and effectiveness, and also provide greater detail on how staff resources are allocated to meet Agency objectives.

 

Hon R B Such to move – That this House requests House of Assembly Standing Orders Committee consider and report on measures to enable the participation of Legislative Council Members on the Estimates Committees and if necessary, meet with the Legislative Council Standing Orders Committee to draft Joint Standing Orders for their conduct.

 

Hon R B Such to move – That this House requests the Standing Orders Committee to –

(a)       inquire into the Interim Report of the Select Committee on Parliamentary Procedures and Practices, and any subsequent submissions to the Standing Orders Committee;

(b)       consider ways to improve the operation of Estimates Committees;

(c)       consider creating a special Committee process and practice which would enable Bills to be processed more efficiently and expeditiously;

(d)       examine relevant changes to Parliamentary Procedures and Practices in other relevant jurisdictions; and

(e)       report its findings by 10 November 2004.

 

 

            For Thursday 14 October 2004

 

Notice of Motion –Other Motions

 

Mr Hamilton-Smith to move – That this House –

(a)       congratulates the Australian Dance Theatre for its success at the National 2004 Helpmann Awards in Sydney with its production ‘Held’ and winning best choreography by artistic director Garry Stewart and the dancers, best male dancer by Ross McCormack and best female dancer by Larissa McGowan;

(b)       calls on the Government to recognise and reverse the $150,000 funding cut over the past two years from the Australian Dance Theatre's core budget, and

(c)       recommends that the Government provide certainty for the Company by confirming an improved core budget over the next four years.

 

 

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Present during the day - All Members.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY