No 2

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 2 MAY 2006

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon J J Snelling) took the Chair and read prayers.

 

2        Death of Hon Terry Roberts MLC

The Premier (Hon M D Rann), by leave, moved - That the House of Assembly expresses its deep regret at the death of Hon Terry Roberts, former Minister of the Crown and Member of the Legislative Council 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 I F Evans), the Deputy Premier (Hon K O Foley), Mr Williams, the Minister for Health (Hon J D Hill), Dr McFetridge, the Minister Administrative Services and Government Enterprises (Hon M J Wright), Mr Hanna, the Minister for Education and Children’s Services (Hon J D Lomax-Smith), Hon R G Kerin, the Minister for Families and Communities (Hon J W Weatherill), Mr Venning, Mrs Geraghty, Hon S W Key, Hon P L White, Ms Breuer, Ms Ciccarello and the Speaker:

Motion carried in silence; Members rising in their places.

 

3       Suspension and resumption

At 3.35 pm the sitting of the House was suspended.

At 3.45 pm the Speaker resumed the Chair.

 

4       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 Angus Redford, at which Stephen Graham Wade was elected.

 

         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 death of Hon Terry Roberts, at which Bernard Vincent Finnigan was elected.

 

5       Petitions Nos 3 to 5

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

 

3    Dr McFetridge, from 39 residents of South Australia, requesting the House to urge the Minister for State/Local Government Relations to suspend the Council for the City of Holdfast Bay and its administration and install an administrator to undo the amalgamation of the former Cities of Glenelg and Brighton prior to the next Local Government Elections.

 

 

 

 

4    Dr McFetridge, from 35 residents of South Australia, requesting the House to urge the Government to complete the building of a road/rail separation at the Oaklands Park railway crossing within four years and guarantee that the Marion Interchange does not hinder the building of these roadworks.

 

5    Mr Goldsworthy, from 71 residents of South Australia, requesting the House to urge the Government to provide 2 child size toilets for the Hahndorf Preschool.

 

6       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Remuneration Tribunal Determination –

            No. 4 of 2005 – Salary Sacrifice Arrangements

            No. 5 of 2005 – Conveyance Allowances

            No. 1 of 2006 – Auditor General, Electoral Commissioner, Deputy Electoral Commissioner, Employee Ombudsman, Ombudsman and Health and Community Services Complaints Commissioner

            No. 3 of 2006 – Members of the Judiciary, Members of the Industrial Relations Commission, State Coroner, Commissioners of the Environment Resources and Development Court

            No. 4 of 2006 – Conveyance Allowances

            No. 5 of 2006 – Ministers of the Crown and Officers and Members of Parliament

            No. 6 of 2006 – Ministers of the Crown and Officers and Members of Parliament

 

By the Deputy Premier (Hon K O Foley) –

      Whyalla Steelworks Act 1958, Schedule 3 – Environmental Authorisation Variation

      Regulations under the following Acts –

                  Mining – Royalty

 

By the Treasurer (Hon K O Foley) –

      Economic and Finance Committee, Response to Inquiry into National Competition Policy

      Electricity Industry Superannuation Scheme – Report 2004-2005

      Essential Services Commission Act 2002, Review of - Report 2005

      Water and Wastewater Prices in Metropolitan and Regional South Australia - Transparency Statement 2006-2007

      Regulations under the following Acts –

                  Public Corporations – Port Adelaide Maritime Corporations

   Public Finance and Audit – South Australian Centre for Trauma and Injury Recovery Incorporated

                  Superannuation – Overtime Allowance

 

By the Minister for Transport (Hon P F Conlon) –

      Adelaide Cemeteries Authority - Charter

      Architects Board of South Australia – Report 2005

      Adelaide - Port Augusta Scheduled Airline Route, Award of Route Service Licence – Report

      Development Act –

                  Development Plan Amendment Reports –

                        Burnside, City of - Historic (Conservation) Zone No 2 Plan

                  Charles Sturt, City of - District Centre (West Lakes) Zone Building Height and Design Plan

                        Holdfast Bay (City) Development Plan - North Brighton Coastal Plan

                        Onkaparinga, City of - Local Heritage (Quidhampton House) Plan

                        Playford, City of - Munno Para District Centre Plan

                  Walkerville, Corporation of the Town of - Walkerville Development Plan - Heritage Places and Areas Plan

                  Section 49(15) –

                        Removal of a Significant Tree at Julia Farr Services, Marlborough Street, Fullarton

      Port Operating Agreement (Port Adelaide), Variation of - Agreement between the Minister for Transport and Flinders Ports Pty Ltd

      Regulations under the following Acts –

                  Development –

                        Clarification of Public Notice Categories

                        Land Management Agreements

                        Miscellaneous

                        Public Notice Categories

                        River Murray

                        System Indicators

                  Harbors and Navigation –

                        Application for Licence

                        Port Adelaide

                        Whyalla Swimming Enclosure

                  Motor Vehicles –

                        Demerit Points

                        Qualified Supervising Drivers

                  Road Traffic –

                        Approved Photographic Detection Device

                        Declaration of Hospitals

                        Emergency Workers

                        Expiation Fees

                        Vehicle Standards

 

By the Minister for Energy (Hon P F Conlon) –

      Regulations under the following Acts –

                  Electricity – Small Customer Accounts

                  Gas – Small Customer Accounts

 

By the Attorney-General (Hon M J Atkinson) –

      Public Advocate, Office of – Report 2004-2005

      Dangerous Area Declarations – Statistical Returns –

                  1 July 2005 to 30 September 2005

                  1 October 2005 to 31 December 2005

      Road Block Establishment Authorisations – Statistical Returns –

                  1 July 2005 to 30 September 2005

                  1 October 2005 to 31 December 2005

      Regulations under the following Acts –

                  Co-operatives – Applied Provisions

                  Coroners – Fees for Appointed Coroners

                  Criminal Assets Confiscation – Forms and Declarations

                  Electoral – Forms

                  Expiation of Offences –

                        Expiation Enforcement Warning Notices

                        Prescribed Forms

                  Guardianship and Administration – Constitution of Board

                  Partnership – General

                  Security Investigation Agents – Security Agents

                  Summary Offences –

                        Dangerous Articles

                        Prescribe Serious Criminal Offences

      Rules –

                  Magistrates Court – Arrest Warrants

                  Supreme Court – Listening and Surveillance Devices

 

By the Minister for Health (Hon J D Hill) –

      Animal and Plant Control Commission – Report January - June 2005

      National Environment Protection Council – Report 2004-2005

      Southern Adelaide Health Service – Report 2004-2005

      Upper South East Dryland Salinity and Flood Management Act 2002- Report 1 October 2005 - 31 December 2005

      Regulations under the following Acts –

                  Ambulance Services –

                        Elections

                        SA Ambulance Service Rules

                  Controlled Substances – Identification of Authorised Officers

                  National Parks and Wildlife – Vulkathunha-Gammon Ranges National Park

                  Native Vegetation - Exemptions

                  Natural Resources Management – Regional NRM Levies

                  Physiotherapists – Qualifications

                  Physiotherapy Practice – Elections

                  Podiatry Practice – Elections

                  Public and Environmental Health – Notifiable Diseases

                  South Australian Health Commission – Compensable Fees

 

By the Minister for Administrative Services and Government Enterprises (Hon M J Wright) –

      Regulations under the following Acts –

                  State Procurement – Community Welfare Funding Arrangements

 

By the Minister for Industrial Relations (Hon M J Wright) –

      Regulations under the following Acts –

                  Construction Industry Long Service Leave – Corresponding Law

                  Dangerous Substances – Security Sensitive Substances

                  Explosives - Security Sensitive Substances

                  Workers Rehabilitation and Compensation –

                        Prescribed Scaling Factor

                        Scales of Charges

                        Scales of Charges for Chiropractors

 

By the Minister for Education and Children’s Services (Hon J D Lomax-Smith) –

      Regulations under the following Acts –

                  Senior Secondary Assessment Board of South Australia –

                        Hospitality Subjects

                        Subjects

 

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

      Regulations under the following Acts –

                  Children’s Protection – Definition of Department

 

By the Minister for Housing (Hon J W Weatherill) –

      Regulations under the following Acts –

            Housing and Urban Development (Administrative Arrangements) – Aboriginal Housing Authority Board

 

By the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) –

      Advisory Board of Agriculture – Report 2004-2005

      Citrus Board of South Australia – Report 2004-2005

      Dairy Authority of South Australia – Report 2004-2005

      Phylloxera and Grape Industry Board of South Australia – Report 2004-2005

      Veterinary Surgeons Board of South Australia – Report 2004-2005

      Regulations under the following Acts –

                  Aquaculture – Division of Leases and Licences

                  Fisheries – Protected Fish

                  Primary Produce (Food Safety Schemes) –

                        Meat Food Safety Advisory Committee

                        Participation in Citrus Industry

 

By the Minister for the River Murray (Hon K A Maywald) –

      South Australian Water Corporation, Direction to - Pursuant to Section 6 of the Public Corporations Act 1993

      Regulations under the following Act –

                  River Murray – Referrals to Minister

 

 

By the Minister for Science and Information Economy (Hon K A Maywald) –

      Bio Innovation SA – Report 2004-2005

 

By the Minister for State/Local Government Relations (Hon J M Rankine) –

      Regulations under the following Acts –

                  City of Adelaide – Elections and Polls

                  Local Government – Long Service Leave

                  Local Government (Elections) – Ballots and Returns

                  Local Government Finance Authority – Prescribed Local Government Body

 

By the Minister for Consumer Affairs (Hon J M Rankine) –

      Regulations under the following Acts –

Building Work Contractors – Fees

Consumer Transactions – Consumer Contracts

Liquor Licensing –

            Brighton

            Clare Dry Areas

            Kensington Road Lookout

            Maitland

            Naracoorte

            New Year’s Eve

            Normanville

            Peterborough

            Port Adelaide and Semaphore

            Port Augusta Dry Areas

            Removal of Persons From Licensed Premises

            Victor Harbor

 

By the Minister for Gambling (Hon P Caica) –

      Rules –

                  Authorised Betting Operations Act 2000 – Rules – Prescribed Minimum Risks.

 

7       Questions

Questions without notice were asked.

 

8       Grievance debate

On motion of the Speaker, the House noted grievances.

 

9       Leave of Absence - Hon R B Such

The Attorney-General (Hon M J Atkinson), by leave, moved – That the Member for Fisher, Hon R B Such, be granted leave of absence from 2 to 11 May to attend Commonwealth Parliamentary Association business in the Isle of Man.

Question put and passed.

 

10      Supply Bill

The Treasurer (Hon K O Foley), without notice moved - That he have leave to introduce a Bill for an Act for the appropriation of money from the Consolidated Account for the financial year ending on 30 June 2007.

Question put and passed.

         Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Hon G M Gunn, that the debate be adjourned until tomorrow.

 

11      Criminal Law Consolidation (Throwing Objects at Moving Vehicles) Amendment Bill

The Attorney-General (Hon M J Atkinson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

Question put and passed.

      Bill presented and read a first time.

 

         The Minister moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until tomorrow.

 

12      Extension of sitting

Ordered, on motion of the Attorney-General, that the sitting of the House be extended beyond 6.00 pm.

 

13      Address in Reply

Order of the Day read for the consideration of the Address in Reply.

Miss Fox moved - That the following Address in Reply to Her Excellency's Opening Speech be adopted:

 

To Her Excellency, Marjorie Jackson - Nelson, Companion of the Order of Australia, Commander of the Royal Victorian Order and Member of the Order of the British Empire, Governor in and over the State of South Australia and its dependencies in the Commonwealth of Australia:

 

May It Please Your Excellency -

1.   We, the Members of the House of Assembly, express our thanks for the Speech with which Your Excellency was pleased to open Parliament.

2.   We assure Your Excellency that we will give our best attention to the matters placed before us.

3.   We earnestly join in Your Excellency's prayer for the Divine blessing on the proceedings of the Session.

Debate ensued.

 

14      Suspension and resumption of sitting

         At 5.59 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

15      Address in Reply

Debate (interrupted by the foregoing) resumed.

Ordered, on motion of Mrs Redmond, by leave, that the debate be further adjourned until tomorrow.

 

16      Messages from the Legislative Council

         The following Messages from the Legislative Council were received and read:

 

Standing Orders Committee - Notification of appointment                     Message No 1

MR SPEAKER - The Legislative Council has appointed a Standing Orders Committee consisting of the President, Hon P Holloway (Minister for Police), the Hon J M Gazzola, the Hon R D Lawson and the Hon R I Lucas, with power to act during the recess and to confer or sit as a Joint Committee with any Standing Orders Committee of the House of Assembly.

Legislative Council, 27 April 2006.                                                  R K Sneath, PRESIDENT

 

Printing Committee - Notification of appointment                                  Message No 2

MR SPEAKER – The Legislative Council has appointed a Printing Committee consisting of the the Hon J M Gazzola, the Hon I K Hunter, the Hon C V Schaefer, the Hon T J Stephens and the Hon R P Wortley with power to act during the recess and to confer or sit as a Joint Committee with any Printing Committee of the House of Assembly.

Legislative Council, 27 April 2006.                                                  R K Sneath, PRESIDENT

 

Joint Parliamentary Service Committee - Notification of appointment   Message No 3

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 5 of the Parliament (Joint Services) Act 1985, it has appointed two members to act with the President as Members of the Joint Parliamentary Service Committee. The said two Members are the Hon J S L Dawkins and the Hon J M Gazzola. The Legislative Council has also appointed the Hon R P Wortley as the alternate member of the Committee to the President, the Hon T J Stephens the alternate member to the Hon J S L Dawkins and the Hon I K Hunter the alternate member to the Hon J M Gazzola.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Environment, Resources and Development Committee - Notification of appointment                                                                                                 Message No 4

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Environment, Resources and Development Committee, viz; the Hon M C Parnell, the Hon D W Ridgway and the Hon R P Wortley.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Social Development Committee - Notification of appointment               Message No 5

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Social Development Committee, viz; the Hon D G E Hood, Hon I K Hunter and the Hon S G Wade.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Legislative Review Committee - Notification of appointment                 Message No 6

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Legislative Review Committee, viz: the Hon A M Bressington, Hon J M Gazzola and the Hon R D Lawson.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Occupational Safety, Rehabilitation and Compensation Committee –

      Notification of appointment                                                              Message No 7

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Occupational Safety, Rehabilitation and Compensation Committee, viz: the Hon B V Finningan, the Hon S G Wade and the Hon N Xenophon.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Statutory Officers Committee - Notification of appointment                    Message No 8

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Statutory Officers Committee, viz: the Hon P Holloway (Minister for Police), the Hon R D Lawson and the Hon N Xenophon.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Natural Resources Committee - Notification of appointment                  Message No 9

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 20(2) of the Parliamentary Committees Act 1991, the following Members have been appointed to the Natural Resources Committee, viz: the Hon S M Knack, the Hon C V Schaefer and the Hon R P Wortley.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

Aboriginal Lands Parliamentary Standing Committee - Notification of appointment                                                                                                  Message No 10

MR SPEAKER – The Legislative Council informs the House of Assembly that, pursuant to section 5 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the Legislative Council has appointed the Hon A L Evans, the Hon J M Gazzola and the Hon J M A Lensink as Members of this Council on the Aboriginal Lands Parliamentary Standing Committee.

Legislative Council, 2 May 2006.                                                    R K Sneath, PRESIDENT

 

17      Adjournment

The House adjourned at 10.00 pm until tomorrow at 2.00 pm.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Wednesday 3 May 2006

 

Notices of Motion: Government Motions -

 

The Minister for Health to move – That he have leave to introduce a Bill for an Act to amend the Institute of Medical and Veterinary Science Act 1982.

 

The Minister for the River Murray to move – That she have leave to introduce a Bill for an Act to amend the Natural Resources Management Act 2004.

 

            For Wednesday 10 May 2006

 

Notices of Motion: Private Members Business Bills/Committees/ Regulations -

 

Dr McFetridge to move – That a Joint Committee be established and inquire into –

(a)     the conduct of any Department of Education and Children's Services employee or officer involved in the selection process for the positions of principal and acting principal, respectively, at the Elizabeth Vale School since December 2003, including any process relating to the appeal by the former principal, Ms O'Connor;

(b)     the conduct and involvement of the Minister and ministerial staff in this matter;

(c)     the conduct of any Australian Education Union representative involved in the appointment process of a principal and acting principal, respectively;

(d)     the conduct of any person identified above involved in the management or operation of the school since January 2006, with particular emphasis upon the –

i)    management of family grievances;

ii)   provision of learning programs;

iii) management and duty of care of students;

iv)  management of the school’s budget;

v)   level of consultation with the school’s Governing Council;

(e)    establishing appropriate selection guidelines and processes for future appointments of principals and acting principals in all public schools, including increasing the level of community representation in the process; and

(f)      any other relevant matter.

 

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

 

Mr Hanna to move – That he have leave to introduce a Bill for an Act to provide for the submission of the Constitution (Term of Members of the Legislative Council) Amendment Bill 2006 to a referendum.

 

____________

 

 

Present during the day - All Members except Mr Rau and Hon R B Such (on leave).

 

 

 

 

                                                                                                                        Hon J J Snelling

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY