No 2

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 15 SEPTEMBER 2004

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4        Message from the Governor’s Deputy

The following Message from the Governor’s Deputy was received and read:

 

Statutes Amendment (Parliament Finance and Services) Bill – Recommending

Message No 1

The Governor’s Deputy recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (Parliament Finance and Services) Bill 2004.

Government House, 15 September 2004                 B Krumins, GOVERNOR’S DEPUTY

 

5       Petition No 8

         The Clerk announced that the following Member had lodged a Petition for presentation:

 

8    The Minister for Transport (Hon P L White), from 374 residents of South Australia, requesting the House to support the Premier in his efforts to have the Federal Government increase to our fair share, South Australia’s allocation of funds for building and maintaining our land transport network, including regional South Australia.

 

6       Papers

         The Deputy Speaker laid on the Table the following report:

 

The 209th Report of the Public Works Committee entitled Dukes Highway Rehabilitation Bordertown to the Victorian Border which has been received and published pursuant to section 17(7) of the Parliamentary Committees Act 1991.

      (3rd Session PP 224)

 

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

Press Release – Minister for Education and Children’s Services - Minister Welcomes School Funding Benchmarks

 

By the Minister for the Arts (Hon M D Rann) –

      Adelaide Film Festival Charter, August 2004

 

      Regulations under the following Act –

                  South Australian Country Arts Trust – Country Arts Board

 

By the Minister for Volunteers (Hon M D Rann) –

      Regulations under the following Act –

                  Volunteers Protection – Remuneration

 

By the Treasurer (Hon K O Foley) –

      Regulations under the following Act –

                  Electricity Corporations (Restructuring and Disposal) – Payments

 

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

      Witness Protection Act 1996 – Report 2003-2004

 

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

      Land Management Corporation Charter, 2004-2005

 

      Regulations under the following Act –

                  Maritime Services (Access) – Ports Access Regime

 

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

      Regulations under the following Act –

                  Gas –

                        Recovery Provisions

                        Regulatory Framework

 

By the Minister for Emergency Services (Hon P F Conlon) –

      South Australian Metropolitan Fire Service – Report 2002-2003

 

      Regulations under the following Acts –

                  Country Fires – CFS Organisations

 

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

      Evidence Act 1929 - Suppression Orders, Report of the Attorney-General Pursuant to Section 71 – Report 2003-2004

      Listening & Surveillance Devices Act – Report 2003-2004

      Summary Offences Act 1953 –

            Dangerous Area Declaration, Return Pursuant to Section 83B of – 1 April 2004 to 30 June 2004

            Return of Authorisation Issued to Enter Premises Under Section 83C(1) – 1 July 200330 June 2004

            Road Block Establishment Authorisations, Return Pursuant to Section 74B – 1 April 200430 June 2004

 

      Regulations under the following Acts –

                  Criminal Law Consolidation – Witness Fees

                  Land Acquisition – Forms

                  Subordinate Legislation – Postponement of Expiry

                  Trustee Companies – Scheme of Regulation

                  Victims of Crime – Allowable Victim Compensation

 

      Rules of Court –

                  Magistrates Court – Amendment No. 22 – Summonses

                  Supreme Court – Amendment No. 95 – Interest Rate

 

By the Minister for Health (Hon L Stevens) –

      Physiotherapists Board of South Australia – Report 2003-2004

      Department of Health and Department of Families and Communities Response to the Recommendations of the Report of the Select Committee on Pitjantjatjara Land Rights

 

      Regulations under the following Acts –

                  Chiropodists – Advertising Restrictions

                  Controlled Substances – Clean Needle Programs

                  Occupational Therapists – Qualifications

                  Public and Environmental Health – Notifiable Diseases

                  Public Intoxication – Petrol

 

By the Minister for Transport (Hon P L White) –

      Adelaide – Coober Pedy Scheduled Airline, Award of Route Service Licence

      Transport SA Rail Land Project – Removal of Track Infrastructure

 

      Regulations under the following Acts –

                  Highways –

                        Port River Expressway

                        Revocation of Regulations

                  Motor Vehicles – Driver Standards Group

                  Passenger Transport –

                        Animals

                        Standby Taxi Licence

                  Road Traffic – Taxi Zones

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Regulations under the following Acts –

                  Environment Protection – EPA Board

                  National Parks and Wildlife –

                        Co-managed Park

                        Unnamed Conservation Park

                  Water Resources – Northern Adelaide Plains

 

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

      Response to Report of the Public Works Committee – Public Capital Works Consultancies – 205th Report

 

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

Response to Report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation – Statutes Amendment (WorkCover Governance Reform) Bill

 

      Regulations under the following Acts –

                  Daylight Saving – Summer Time

                  Occupational Health, Safety and Welfare – Asbestos

                  Workers Rehabilitation and Compensation – Maxima Training Group Inc

 

By the Minister for Gambling (Hon M J Wright) –

      Regulations under the following Act –

                  Authorised Betting Operations – Fixed-Odds Betting

 

      Rules –

                  Authorised Betting Operations – Betting Review

 

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

      Phylloxera and Grape Industry Board of South Australia – Report 2003-2004

      Murray-Darling Basin Commission – Report 2002-2003

 

      Regulations under the following Acts –

                  Agricultural and Veterinary Products (Control of Use) – Chemicals

                  Chicken Meat Industry – Fees

                  Fisheries – Aquatic Reserves

                  Livestock – Stock Foods

                  Maralinga Tjarutja Land Rights – Co-management Board

                  Meat Hygiene – Retail Meat Processing

                  South Australian Local Government Grants Commission – Councils

 

      Rules –

                  Local Government – Eligible Rollover Fund

 

By the Minister for Consumer Affairs (Hon K A Maywald) –

      Regulations under the following Acts –

                  Conveyancers – Correction

                  Land Agents – SA Homebuyers Seminars

                  Liquor Licensing – Dry Areas –

                        City of Onkaparinga

                        Copper Coast

                  Plumbers, Gas Fitters and Electricians – Apprentices.

 

7       Legislative Review Committee - Reports – First and Second

 

First Report

Mr Hanna brought up the 1st  Report of the Committee.

Report received.

 

Second Report

Mr Hanna brought up the 2nd Report of the Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

District Court Act 1991 – Fees

Sheriff’s Act 1978 – Fees

Authorised Betting Operations Act 2000 – Authorised Betting Operations – Bookmakers Licensing – Responsible Gambling

Physiotherapists Act 1991 – Qualifications

Water Resources Act 1997 – Lower South East - Commercial Forestry

Development Act 1993 – Commercial Forestry

Liquor Licensing Act 1997 – Mount Gambier

Dog and Cat Management Act 1995 – Identification of Dogs.

 

8       Questions

Questions without notice were asked.

 

9       Grievance debate

On motion of the Deputy Speaker, the House noted grievances.

 

10      Public Finance and Audit (Honesty and Accountability in Government) Amendment Bill

The Minister for Education and Children’s Services (Hon J D Lomax-Smith), pursuant to notice, moved - 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.

Question put and passed.

 

         Ordered – That further consideration of the amendments of the Legislative Council be an Order of the Day for tomorrow.

 

11      Fire and Emergency Services Bill

The Minister for Education and Children’s Services, pursuant to notice, moved - 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.

Question put and passed.

 

         Ordered – That further consideration of the Bill in Committee be an Order of the Day for tomorrow.

 

12      Statutes Amendment (Parliament Finance and Services) Bill

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

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

13      Statutes Amendment (Relationships) Bill

The Attorney-General, pursuant to notice, moved - 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.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

14      Statutes Amendment (Legal Assistance Costs) Bill

The Attorney-General, pursuant to notice, moved - 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.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

15      Gaming Machines (Miscellaneous) Amendment Bill

The Minister for Families and Communities (Hon J W Weatherill), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Gaming Machines Act 1992.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

16      Occupational Health, Safety and Welfare (Safework SA) Amendment Bill

The Minister for Families and Communities, pursuant to notice, moved - 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.

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 Ms Chapman, that the debate be adjourned until tomorrow.

 

 

17      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, the Hon P Holloway (Minister for Industry and Trade), the Hon R D Lawson, the Hon R I Lucas and the Hon C Zollo, 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, 14 September  2004.                                        R R Roberts, PRESIDENT

 

Printing Committee - Notification of Appointment                                  Message No 2

MR SPEAKER – The Legislative Council has appointed a Printing Committee consisting of the Hon G E Gago, the Hon J Gazzola, the Hon J.M.A. Lensink, the Hon R K Sneath and the Hon T J Stephens 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, 14 September 2004.                                         R R Roberts, PRESIDENT

 

18      Address in Reply

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

Mr Rau moved - That the following Address in Reply to the Governor’s Deputy’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.       Through Your Excellency, we, the Members of the House of Assembly, thank His Excellency the Governor’s Deputy for the Speech with which he had been pleased to open Parliament.

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

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

Debate ensued.

 

19      Extension of sitting

Ordered, on motion of the Minister for Administrative Services, that the sitting of the House be extended beyond 6.00 pm.

 

20      Address in Reply

         Debate (interrupted by the foregoing) resumed.

         Ordered, on motion of Mr Brokenshire, that the debate be further adjourned until tomorrow.

 

21      Adjournment

House adjourned at 6.07 pm until tomorrow at 10.30 am.

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

            For Thursday 16 September 2004

 

Notices of Motion: Government Business -

 

The Minister for Environment and Conservation to move – That he have leave to introduce a Bill for an Act to establish a sanctuary to protect the dolphin population of the Port Adelaide River estuary and Barker Inlet and its natural habitat; to provide for the protection and enhancement of the Port Adelaide River estuary and Barker Inlet; to amend the Aquaculture Act 2001, the Coast Protection Act 1972, the Development Act 1993, the Environment Protection Act 1993, the Fisheries Act 1982, the Harbors and Navigation Act 1993, the Historic Shipwrecks Act 1981, the Mining Act 1971, the National Parks and Wildlife Act 1972, the Native Vegetation Act 1991 and the Petroleum Act 2000; and for other purposes.

 

 

            For Wednesday 22 September 2004

 

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 Road Traffic Act 1961 and the Summary Offences Act 1953.

 

Mr Hanna to move – That the Regulations made under the District Court Act 1991 entitled Fees, made on 27 May and laid on the Table of this House on 1 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Sheriff's Act 1978 entitled Fees, made on 27 May and laid on the Table of this House on 1 June, be disallowed.

 

Mr Hanna to move – That the Rules made under the Authorised Betting Operations Act 2000 entitled Bookmakers Licensing (Responsible Gambling) Rules 2004, made on 31 May and laid on the Table of this House on 3 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Development Act 1993 entitled Commercial Forestry, made on 3 June and laid on the Table of this House on 29 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Dog And Cat Management Act 1995 entitled Identification of Dogs Fees, made on 17 June and laid on the Table of this House on 29 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Liquor Licensing Act 1997 entitled Mount Gambier, made on 17 June and laid on the Table of this House on 29 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Water Resources Act 1997 entitled Lower South East - Commercial Forestry, made on 3 June and laid on the Table of this House on 29 June, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Physiotherapists Act 1991 entitled Qualifications, made on 3 June and laid on the Table of this House on 29 June, be disallowed.

 

 

            For Thursday 14 October 2004

 

Notice of Motion: Other Motions -

 

Hon D C Kotz to move – That this House urges the Government to –

(a)           implement a State-wide screening program which would detect permanent hearing impairment in infants by a median age of two months; and

(b)           adopt the recommendations of the evaluation report of the newborn screening and assessment  pilot program conducted in 2003/04.

 

 

 

 

 

 

 

            For Tuesday 9 November 2004

 

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 34A(2) and section 28(1) of the National Parks and Wildlife Act 1972 –

(a)           excluding Allotment 100 of Plan No. DP 63648, Out of Hundreds (Innamincka), accepted for deposit in the Lands Titles Registration Office at Adelaide, from the Innamincka Regional Reserve; and

(b)           constituting that excluded land as a National Park with the name Coongie Lakes National Park.

 

 

____________

 

 

Present during the day - All Members except the Speaker (Hon I P Lewis), the Minister for Agriculture, Food and Fisheries (Hon R J McEwen) and Hon M R Buckby.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY