No 4

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 9 DECEMBER1997

 

 

1       Meeting of House

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

 

2        Petitions No 12 to 15

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

 

12       Mr Hanna, from 500 residents of South Australia, requesting that the House urge the Government to veto any further building on the MFP land at Warriparinga Laffers Triangle.

 

13 and 14     Mr Hanna and Hon W A Matthew, from 974 residents of South Australia, requesting that the House urge the Government to oppose the installation of poker machines in the Marion Shopping Complex.

 

15    Mr Hill, from 254 residents of South Australia, requesting that the House urge the Government to refuse the proposed development on Lot 9 Noarlunga to Cape Jervois Road.

 

16    Hon R B Such, from 416 residents of South Australia, requesting that the House urge the Government to provide a bus service between Aberfoyle Hub Shopping Centre and Marion Shopping Complex.

 

17    Mr Venning, from 93 residents of South Australia, requesting that the House urge the Government to reconsider the inequitable water pricing policy of SA Water.

 

3        Papers

The following Papers were tabled:

 

          By the Minister for Industry, Trade and Tourism (Hon G A Ingerson) -

                 Economic Development Authority - Report, 1996-97

 

         By the Minister for Local Government, Recreation and Sport (Hon G A Ingerson) -

                 District Council - By Laws - Cleve -

                        No 2 - Animals and Birds

                        No 5 - Motor Boats

 

         By the Minister for Human Services (Hon D C Brown) -

                 Adelaide Festival Centre - Report, 1996-97

                 Art Gallery of South Australia - Report, 1996-97

                 Arts SA - Report, 1996-97

                 Carrick Hill Trust - Report, 1996-97

                 Community Housing Authority, South Australian - Report, 1996-97

                 Community Information Strategies Australia - Report, 1996-97

                 Country Arts Trust, South Australian - Report, 1996-97

                 Development Act, Administration of - Report, 1996-97

                 Film Corporation, South Australian - Report, 1996-97

                 History Trust of South Australia - Report, 1996-97

                 Housing and Urban Development, Department of - Report, 1996-97

                 Housing Trust, South Australian - Report, 1996-97

                 Libraries Board of South Australia - Report, 1996-97

Museum Board, South Australian - Report, 1996-97

Non-Metropolitan Railways (Transfer) Act - Leases of Land to the Purchasers of Australian National

Regulations under the following Acts -

       Harbors and Navigation - Blood Test

                        Motor Vehicles - Power Assisted Pedal Cycle

                 State Opera of South Australia - Report, 1996-97

                 Status of Women, Office for - Statement 1997

                 Transport, Department of - Report, 1996-97

 

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

                 Country Fire Service South Australia - Report, 1996-97

                 Fire Equipment Services South Australia - Report, 1996-97

                 Friendly Societies Act - Odd Fellows, Independent Order of - Registered Rules

                 Optima Energy - Report, 1997

                 SA Ambulance Service - Report, 1996-97

                 South Australian Metropolitan Fire Service - Report, 1996-97

                 State Emergency Services South Australia - Report, 1996-97

 

         By the Minister for Administrative and Information Services (Hon M H Armitage) -

                 Remuneration Tribunal Determinations -

                        No 3 of 1997 - Ministers of the Crown and Officers and Members of Parliament

                        No 6 of 1997 - Conveyance Allowances  and Motor Vehicles Schedules

                        No 7 of 1997 - Deputy Electoral Commissioner

 

         By the Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) -

               Mining Act - Regulations - Prescribed Requirements.

 

4       Senate Vacancy - Joint Sitting of Members of the two Houses - Minutes of Proceedings

The Speaker laid on the Table the Minutes of the Joint Sitting of Members of the two Houses, held on 9 December 1997, for the choosing of a Senator to hold the place rendered vacant by the resignation of Senator D J Foreman, to which vacancy Mr J A Quirke was appointed.

 

5       Questions

         Questions without notice were asked.

 

6       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

7       Suspension of Standing Orders

The Deputy Premier (Hon G M Ingerson), without notice, moved - That Standing Orders be so far suspended as to enable the Road Traffic (Speed Zones) Amendment Bill, the Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Bill and the Gaming Machines (Shopping Centres) Amendment Bill, when received from the Legislative Council, to pass through all stages without delay.

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

 

8       Messages from the Legislative Council

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

 

Gaming Machines (Gaming Venues in Shopping Centres)

Amendment Bill                                                                                   Message No 10

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Gaming Machines Act 1992, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

Bill read a first time.

 

The Minister for Education, Children’s Services and Training (Hon M R Buckby) moved - That this Bill be now read a second time.

Ordered, on motion of Mr Foley, that the debate be adjourned and resumed on motion.

 

Motor Vehicles (Heavy Vehicles Registration Charges)

Amendment Bill                                                                                   Message No 11

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Motor Vehicles Act 1959, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

Bill read a first time.

 

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

Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

Road Traffic (Speed Zones) Amendment Bill                                        Message No 12

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Road Traffic Act 1961, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

Bill read a first time.

 

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

Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

9       Postponement of business

Ordered - That Order of the Day: Government Business No 1 be postponed and taken into consideration after Order of the Day: Government Business No 2.

 

10      Stamp Duties (Miscellaneous No. 2) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

Question put and passed

        

         Bill read a second time.

 

In Committee

Clauses Nos 1 to 8 agreed to.

Title agreed to.  

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

Bill read a third time and passed.

 

11      Message from the Legislative Council

The following Message from the Legislative Council was received and read:

 

Unclaimed Superannuation Benefits Bill                                               Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to for the payment of unclaimed superannuation benefits to the Treasurer; and for other purposes, to which it desires the concurrence of the House of Assembly.

 

The Legislative Council draws the attention of the House of Assembly to clause No.7, printed in erased type, which clause, being a money clause cannot originate in the Legislative Council, but is deemed necessary to the Bill.

Legislative Council, 4 December 1997                                                         J C Irwin PRESIDENT

 

Bill read a first time.

 

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

Ordered, on motion of Mr Atkinson, that the debate be adjourned and resumed on motion.

 

12      Statutes Amendment (Ministers of the Crown) Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate resumed.

         Ordered, on motion of Mr Meier, that the debate be adjourned and resumed on motion.

 

13      Address in Reply

Order of the Day read for the adjourned debate on the question - That the Address be adopted.

         Debate resumed.

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

 

14      Statutes Amendment (Ministers of the Crown) Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

 

         Speakers Ruling - Disagreement to

On a point of order the Speaker ruled that as no Member could be appointed a Minister under this Bill until after its assent, Members did not have a direct pecuniary interest on the question before the Chair.

 

Mr Atkinson moved – That the ruling of the Speaker be disagreed with.

Debate ensued.

Question put.

 

House divided (No. 1)


   Ayes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

   Noes, 24

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)

 


Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon G A Ingerson (Teller)

 


So it passed in the negative.

 

Debate continued.

Question put.

 

         House divided (No 2)

 


                       Ayes, 24

 

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon M H Armitage (Teller)


        Noes, 20

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)

 


        

         So it passed in the affirmative.

         Bill read a second time.

 

15      Extension of time for adjournment

The Minister for Government Enterprises moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

16      Statutes Amendment (Ministers of the Crown) Bill

 

In Committee

Clauses Nos 1 to 4 agreed to.

Clauses No 5 read.

 

Question – That the Clause stand as printed - put.

Committee divided (No 3)

 


                       Ayes, 24

 

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Mr Evans

Hon G M Gunn

Mrs Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon M H Armitage (Teller)


        Noes, 20

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Clarke (Teller)


 

So it passed in the affirmative.

 

Clauses Nos 6 to 11 agreed to.

Title agreed to.

____________

 

The House having resumed:

 

Hon D C Wotton reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

The Minister moved – That this Bill be read a third time.

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

17      Division List – Correction of error

Hon R B Such called to the attention of the House an error in the Division Lists relating to the Question - “That the ruling of the Speaker be disagreed with”, on which occasion he had voted for the Noes, but was not recorded.

The Speaker stated that the Votes and Proceedings would be corrected accordingly.

 

18      Road Traffic (Speed Zones) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

Question put and passed

 

Bill read a second time.

Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

19      Motor Vehicles (Heavy Vehicles Registration Charges) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

Question put and passed.

 

Bill read a second time.

Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

20      Gaming Machines (Gaming Machines in Shopping Centres) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

Ordered, on motion of Mr Scalzi, that the debate be adjourned resumed on motion.

 

21      Suspension of Standing Orders

The Minister for Education, Children’s Services and Training, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

____________

 

 

It being Midnight

 

WEDNESDAY 10 DECEMBER 1997

____________

 

22      Gaming Machines (Gaming Venues in Shopping Centres) Amendment Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

 

Question put and passed.

 

Bill read a second time.

 

In Committee

Clauses No 1 agreed to.

Clauses No 2 read.

To report progress and ask leave to sit again.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again today.

 


23      Messages from the Legislative Council

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

 

Statutes Amendment (Holdfast Shores) Bill                                                        Message No 14

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the, Local Government Act 1934 and the Development Act 1993, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

Bill read a first time.

 

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

Ordered, on motion of Mr Foley, that the debate be adjourned until today.

 

Development (Building Rules) Amendment Bill                                     Message No 15

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Development Act 1993 and to make a related amendment to the Statutes Repeal and Amendment (Development) Act 1993, to which it desires the concurrence of the House of Assembly.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

Bill read a first time.

 

The Minister for Education, Children’s Services and Training moved - That this Bill be now read a second time.

Ordered, on motion of Mr Foley, that the debate be adjourned until today.

 

Guardianship and Administration (Extension of Sunset Clause)

Amendment Bill                                                                                   Message No 16

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Guardianship and Administration Act 1993, without any amendment.

Legislative Council, 9 December 1997                                                  J C Irwin PRESIDENT

 

24      Adjournment

House adjourned at 2.21 am until today at 2.00 pm.

 

____________

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

               For Thursday 11 December 1997

 

Notices of Motion: Government Business –

 

The Minister for Education, Children’s Services and Training to move – That he have leave to introduce a Bill for an Act to amend the Children’s Services Act 1985.

 

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

 

Mr Hill to move – That the Regulations under the Native Vegetation Act 1991 relating to Exemptions made on 4 September 1997 and laid on the table of this House on 2 December 1997, be disallowed.

 

Mr Brokenshire to move - That the Fifty-Ninth Report of the Public Works Committee on the Sturt Highway Upgrading, Mickan Bridge to Truro Section be noted.

 

Ms White to move – That a Select Committee be established to consider and report on the following matters of importance to primary and secondary education in South Australia:

(a)  the financial and operational impacts on school and learning of the introduction of information technology to South Australian Government schools including the EDSAS and DECStech 2000 Technology Programmes;

(b)  issues relating to the provision of education to country students and the disadvantages they face;

(c)  the effects of school closures on the provision of education to school communities;

(d)  the fall in retention rates to year 12 and the related issues of the recognition of vocational education within the South Australian Certificate of Education and the transition of students from school to employment; and

(e)  any other related matter; and

that the Minutes of Proceedings and Evidence to the 1996 Legislative Council Select Committee on Pre-school, Primary and Secondary Education in South Australia be requested for referral to the Committee.

 

Mr Brokenshire to move - That the Sixtieth Report of the Public Works Committee on the Burbridge Road Widening and Streetscaping be noted.

 

Mr Brokenshire to move - That the Sixty-First Report of the Public Works Committee on the Birdwood National Motor Museum – New Exhibition Pavilion be noted.

 

Mr Brokenshire to move - That the Sixty-Second Report of the Public Works Committee on the Royal Adelaide Hospital Masterplan – Stage One be noted.

 

Notices of Motion: Other Motions -

 

Mr Clarke to move – That this House condemns the Federal Government for fostering a strike breaking mercenary group of current and former serving members of the Australian Defence Force to undertake an overseas training programme designed to allow those persons to ‘scab’ on members of the Maritime Union of Australia and further calls on the Federal Government to immediately recall all current serving members of the Defence Force involved in this programme.

 

Ms Stevens to move – That this House condemns the Government for cuts to expenditure on health services and funding to hospitals during its previous term.

 

Ms Stevens to move – That this House condemns the Federal Government for its harsh and unconscionable treatment of older Australians through:

(a) changes to the Pharmaceutical Benefits Scheme that will make vital medicines more

     expensive;

(b) changes to aged care arrangements resulting in a $12 fee per day for accommodation and increased daily fees for nursing home residents and an increase of $5.50 per week in fees for hostel residents;

(c) scrapping the Commonwealth Dental Scheme;

(d) introduction of a user pays component for recipients of services from the Home and Community Care Programme.

____________

 

 

Present during the day - All Members.

 

The following Pairs were handed in at the Table during the days proceedings:

 

Division No 1 -

      Ayes - Ms Rankine

      Noes - Hon J W Olsen

 

 

Division No 2 -

      Ayes - Hon J W Olsen

      Noes - Ms Rankine

 

Division No 3 -

      Ayes - Hon J W Olsen

      Noes - Ms Rankine

 

 

 

 

 

 

 

 

 

 

 

                                                                                                               J  K G Oswald

                                                                                                               SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY