No 6

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 11 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       Freedom of Information (Public Opinion Polls) Amendment Bill

Mr Atkinson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Freedom of Information Act 1991.

Question put and passed.

 

Bill presented and read a first time.

Mr Atkinson moved - That this Bill be now read a second time.

Ordered, on motion of Hon G M Gunn, that the debate be adjourned until Thursday 12 February.

 

3       Native Vegetation Act 1991 – Regulations Exemption – Motion for disallowance

Mr Hill, pursuant to notice, moved - 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.

Ordered, on motion of Hon G M Gunn, that the debate be adjourned until Thursday 12 February.

 

4       Suspension of Standing Orders

Mr Meier, without notice, moved - That Standing Orders be so far suspended as to enable Mr Lewis to move four motions without notice, forthwith.

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

 

5       Public Works Committee - Report - Sturt Highway Upgrading: Mickan Bridge to Truro Section – Motion to note

Mr Lewis, pursuant to order, moved - That the Fifty-Ninth Report of the Public Works Committee relating to the Sturt Highway Upgrading, Mickan Bridge to Truro Section be noted.

         Debate ensued.

         Question put and passed.


 

 

6       Public Works Committee - Report - Burbridge Road Widening and Streetscaping – Motion to note

Mr Lewis, pursuant to order, moved - That the Sixtieth Report of the Public Works Committee relating to the Burbridge Road Widening and Streetscaping be noted.

         Question put and passed.

 

7       Public Works Committee - Report - Birdwood National Motor Museum - New Exhibition Pavilion - to note

Mr Lewis, pursuant to order, moved - That the Sixty-First Report of the Public Works Committee relating to the Birdwood National Motor Museum – New Exhibition Pavilion be noted.

         Debate ensued.

         Question put and passed.

 

8       Public Works Committee - Report - Royal Adelaide Hospital Masterplan - Stage One – Motion to note

Mr Lewis, pursuant to order, moved - That the Sixty-Second Report of the Public Works Committee relating to the Royal Adelaide Hospital Masterplan – Stage One be noted.

         Question put and passed.

 

9       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 4 be a Notice of Motion for Thursday 12 February.

 

10      Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 8 to 13 be Notices of Motion for Thursday 12 February.

 

11      Criminal Law (Sentencing) (Victim Impact Statements) Amendment Bill

Mr Atkinson, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law (Sentencing) Act 1988.

Question put and passed.

 

         Bill presented and read a first time.

         Mr Atkinson moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 12 February.

 

12      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 1 to 4 be  Orders of the Day for Thursday 12 February.

 

13      Education (Government School Closures) Amendment Bill

Order of the Day read for the second reading of this Bill.

Ms White moved - That this Bill be now read a second time.

Mr Meier moved - That the debate be adjourned.

         Question put.


 

         House divided (No. 1):

 


            Ayes, 23

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

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

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Mr Meier (Teller)

        Noes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright

Ms White (Teller)

 


 

         So it was resolved in the affirmative.

Ordered, on motion of Ms White, the adjourned debate be an Order of the Day for Thursday 12 February.

 

14      Suspension of Standing Orders

Ms Hurley, without notice, moved - That Standing Orders be so far suspended as to enable the Mr Foley to move that the Auditor-General’s Report, for the year ending 30 June 1997, be noted; and that the time allotted for the motion be 30 minutes.

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

 

15      Auditor-General’s Report - Motion to note

Mr Foley, pursuant to order, moved - That the Auditor-General’s Report, for the year ending 30 June 1997 be noted.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 12 February.

 

16      Croydon Primary School - Motion re

Ms White, pursuant to notice, moved - That this House –

(a)      calls on the Minister for Education and Children’s Services and Training to acknowledge criticisms by the Ombudsman that the final report to the Minister of the Upper West School Cluster review did not reflect dissenting views, that documents presented to the Minister contained inaccuracies, that the Co-Chairs of the Croydon Primary School signed the final report on misleading advice and that grave doubt exists as to the extent of consideration given to the Croydon minority report;

(b)      acknowledges the significant campaign by the Croydon Primary School Council and parents and friends to save the school and advance the educational opportunities of their children; and

(c)      calls on the Minister to reverse the decision to close the Croydon Primary School and work with the community to deliver improved educational opportunities for children in this region.

 

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 12 February.


 

 

17      Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be postponed to Thursday 12 February.

 

18      Agricultural Machinery - Motion re

Mr Venning, pursuant to notice, moved – That this House regrets the announcement that Australia has made its last harvester at Horwood Bagshaw in South Australia on 27 October 1997, and the subsequent decline of the Australian manufacture of agricultural machinery, noting that over $2 billion will be spent on agricultural machines in Australia this year.

Question put and passed.

 

19      Ms Cheryl Kernot - Motion re

Mr Venning, pursuant to notice, moved – That this House deplores the deception of Ms Cheryl Kernot, the previous Federal Leader of the Democrats, who played a major role in the last State election and, two days after the election, resigned and joined the Labor Party and notes that the desertion of Ms Kernot to the Labor Party demonstrates that the Democrats really are a quasi-Labor Party.

Question put and passed.

 

20      Postponement of business

Ordered separately - That Notices of Motion: Other Motions Nos 5 to 7 be postponed to Thursday 12 February.

 

21      Electoral Districts Names - Motion re

Mr Atkinson, pursuant to notice, proceeding to move - That this House advise the Electoral Districts Boundaries Commission that its policy for naming State Districts should give priority to city, town and district names ahead of the names of deceased South Australians.

 

It being 1.00 pm, the debate was adjourned (Mr Atkinson) and made an Order of the Day for Thursday next.

 

22      Message from the Governor

         The following Message from the Governor was received and read:

 

         Legal Practitioners (Qualifications) Amendment Bill - Recommending  Message No 3

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Legal Practitioners (Qualifications) Amendment Bill 1997.

         Government House, 11 December 1997                                          E J Neal, GOVERNOR

 

23      Petition No 11

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

 

23    Mr Brokenshire, from 152 residents of South Australia, requesting that the House urge the Government to review current policy relating to the involvement of volunteers in the health system.

 

24      Papers

         The Speaker laid on the Table the following reports:

 

Auditor-General -

      Port Adelaide Flower Farm – Report, December 1997.

            Ordered to be printed (Paper No 4D).

      Information Technology (EDS) Outsourcing Agreement – Report.

            Ordered to be printed (Paper No 4E).

      South Australian Water Corporation – Erratum Report.

            Ordered to be printed (Paper No 4F).


 

 

25      Papers

         The following Papers were tabled:

        

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

      Outback Areas Community Development Trust - Report, 1996-97

 

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

               Charitable Funds, Commissioner of - Report, 1996-97

               Chiropody Board of South Australia - Report, 1996-97

                Chiropractors Board of South Australia - Report, 1996-97

               Guardianship Board of South Australia - Report, 1995-96

               Health Commission, South Australian - Food Act - Report, 1996-97

               Nurses Board South Australia - Report, 1996-97

               Occupational Therapists Registration Board of South Australia - Report, 1996-97

               Pharmacy Board of South Australia - Report, 1996-97

               Physiotherapists Board of South Australia - Report, 1996-97

               Psychological Board, South Australian - Report, 1996-97

               Public Advocate, Office of - Report, 1996-97

               Supported Residential Facilities Advisory Committee - Report, 1996-97

 

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

               Equal Opportunity, Commissioner for - Report, 1996-97

               MFP Development Corporation - Report, 1996-97

               MFP Industrial Premises Corporation -

                     Financial Statements, 1996-97

                     Report, 1996-97

               MFP Projects Board -

                     Financial Statements, 1996-97

                     Report, 1996-97

               Mining and Quarrying Occupational Health and Safety Committee - Report, 1996-97

               Ports Corp South Australia - Report, 1996-97

               SAGRIC International Pty Ltd - Report, 1996-97

               Social Development Committee - Report on HIV/AIDS - Hepatitis B Inquiry (Part II) - Response to Recommendation 4 by the Minister for Government Enterprises

               WorkCover Corporation of South Australia -

                     Report, 1996-97

                     Statistical Review, 1996-97

 

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

               Employee Ombudsman, Office of - Report, 1996-97

               Freedom of Information Act  - Report, 1996-97

               Privacy Committee of South Australia - Report, 1996-97

               State Government Services, Department for - Report, 1996-97

               State Supply Board - Report, 1996-97.

 

26      Questions

         Questions without notice were asked.


 

 

27      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

28      Postponement of business

Ordered - That Notice of Motion: Government Business No 1 be postponed and taken into consideration after Notice of Motion: Government Business No 2.

 

29      Aboriginal Lands Trust (Native Title) Amendment Bill

The Minister for Aboriginal Affairs (Hon D C Kotz), pursuant to notice, moved– That she have leave to introduce a Bill for an Act to amend the Aboriginal Lands Trust Act 1996.

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 Hurley, that the debate be adjourned until Tuesday 17 February.

 

30      Workers Rehabilitation and Compensation (Self Managed Employer Scheme) Amendment Bill

The Minister for Administrative and Information Services, pursuant to notice, moved– That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986; and to make consequential amendment to the WorkCover Corporation Act 1994.

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 Hurley, that the debate be adjourned until Tuesday 17 February.

 

31      Roxby Downs (Indenture Ratification) (Aboriginal Heritage) 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 and 2 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.


 

 

32      Messages from the Legislative Council

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

 

Unclaimed Superannuation Benefits Bill                                               Message No 22

MR SPEAKER - The Legislative Council has agreed to the amendment made by the House of Assembly in the Unclaimed Superannuation Benefits Bill, without any amendment.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

Land Tax (Land Held On Trust) Amendment Bill                                    Message No 23

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Land Tax Act 1936, without any amendment.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

Stamp Duties (Miscellaneous No.2) Amendment Bill                              Message No 24

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, with the suggested amendment indicated by the annexed Schedule, which amendment the Legislative Council requests the House of Assembly to make to the said Bill.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

Schedule of the suggested amendment made by the Legislative Council

 

Page 4, lines 13 and 14 (clause6) – Leave out the definition of “financial institution” and insert –

       ‘“financial institution” means a financial institution within the meaning of the Financial Institutions Duty Act 1983;’

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

Resolved - That the suggested amendment be agreed to.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the suggested amendment referred to it and had agreed to the same.

 

33      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 Evans, that the debate be further adjourned on motion.

 

34      Messages  from  the Legislative Council

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

 

Statutes Amendment (Holdfast Shores) Bill                                            Message No 25

MR SPEAKER - The Legislative Council has disagreed to the amendments made by the House of Assembly in the Statutes Amendment (Holdfast Shores) Bill, for the Reason indicated in by the annexed Schedule. The Legislative Council returns the Bill herewith and desires its reconsideration.

Legislative Council, 10 December 1997                                           J C Irwin PRESIDENT


 

 

Schedule of the amendments made by the House of Assembly

and disagreed to by the Legislative Council

 

No 1   Clause 1, page 1, line 10-Leave out this clause and insert new clause as follows:

         Short title

1.(1) This Act may be cited as the Local Government (Holdfast Shores) Amendment Act                    1997.

            (2) The Local Government Act 1934 is referred to in this Act as “the principal Act”.

 

No 2   New Clause, page 1, after line 10-Insert new clause as follows:

         Commencement

         1A. This Act will come into operation on a day to be fixed by proclamation.

No 3   Clause 2, page 1, line 12-Leave out “the Local Government Act 1934” and insert “the principal Act”.

 

No 4   Clause 3, page 2, lines 10 to 39 and page 3, lines 1 to 9-Leave out this clause and insert new clause as follows:

         Insertion of s. 886bb

         3. The following section is inserted after section 886ba of the principal Act.

         Coast protection at West Beach

                 886bb. (1) In this section -

         “boating facility” means a harbor, marina, boat mooring or boat launching facility;

         “coast” has the same meaning as in the Coast Protection Act 1972;

“the Minister” means the Minister to whom the administration of the Coast Protection Act 1972 is committed;

“West Beach area” means an area 500 metres wide running along the coast of Metropolitan Adelaide in Gulf St. Vincent between the northern side of the entrance of the Patawalonga Boat Haven to the sea and the point where a westerly projection of West Beach Road meets the sea, and bounded on the east by the high water mark.

       (2) The Minister must take reasonable steps to ensure the effective management of sand in association with the construction of any boating facility within, or adjacent to, the West Beach area --

               (a) in order to maintain the navigability of any entrance or access channel associated with any such boating facility; and

               (b) in order to protect or, if necessary, restore the coast on account of the obstruction of coastal processes due to the construction of any such boating facility.

       (3) The Crown is liable for costs associated with any works or operations undertaken for the purposes of any sand management required under subsection (2).

 

No 5   Long title, page 1, line 6--Strike out “and the Development Act 1993”.

 

                                                                        J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

Resolved – That the amendments be insisted on.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the Message referred to it and had resolved to insist on its amendments.


 

 

Statutes Amendment (Holdfast Shores) Bill                                        Message No 26

MR SPEAKER - The Legislative Council requests that a Conference may be granted to it respecting certain amendments in the Statutes Amendment (Holdfast Shores) Bill. In the event of a Conference being agreed to, the Legislative Council will be represented thereat by five Managers.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

The Minister for Government Enterprises moved - That a Message be sent to the Legislative Council granting a Conference as requested by the Council; and that the time and place for holding it be the Plaza Room, at 9.30 pm today; and that the Deputy Premier, Mr Conlon, Hon M D Rann, Mr Williams and the mover be the managers on the part of this House.

Question put and passed.

 

Statutes Amendment (Holdfast Shores) Bill                                        Message No 27

MR SPEAKER – The Legislative Council In reply to Message No 25 from the House of Assembly, the Legislative Council agrees to the time and place appointed by the House of Assembly for holding the Conference

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

35      Suspension and resumption of sitting

         At 9.28 pm the sitting of the House was suspended.

         At 10.41 pm the Speaker resumed the Chair.

 

36      Conference - Statutes Amendment (Holdfast Shores) Bill

The Deputy Premier (Hon G A Ingerson) reported as follows:

I have to report that the Managers have been at the Conference on the Statutes Amendment (Holdfast Shores) Bill, which was managed on the part of the Legislative Council by the Treasurer (Hon R I Lucas), Hon M J Elliott, Hon P Holloway, Hon A J Reford and Hon T G and we there received from the Managers on behalf of the Legislative Council and the following resolution adopted by that House –

That the disagreement to the amendments of the House of Assembly be insisted on.

 

Thereupon the Managers for the two Houses conferred together and it was agreed that we should recommend to our respective House that –

 

As to Amendments Nos 1 to 3

      That the Legislative Council do not further insist on its disagreement to these Amendments.

 

As to Amendment No 4

      That the House of Assembly amend its amendment as follows:

New Section 886bb – after paragraph (b) of subsection (2) insert new word and paragraph as follows:

and

(c) in order to ensure the enjoyment of the coast by the public generally is not materially diminished due to the construction of any boating facility.

and  that the Legislative Council agrees hereto.

 

As to Amendment No 5

     That the Legislative Council do not further insist on its disagreement to this Amendment.

 

Ordered - That the Speaker do now leave the chair and the House resolve itself into a Committee of the whole for the consideration of the recommendations of the Conference.


 

 

In Committee

 

Resolved - That the recommendations of the Conference be agreed to.

____________

 

The House having resumed:

Hon D C Wotton reported that the Committee had considered the recommendations of the Conference and had agreed to the same.

 

37      Next Day of Sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 17 February at 2 pm.

Debate ensued.

Question put and passed.

 

38      Message from the Legislative Council

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

 

Local Government (Holdfast Shores) Amendment Bill                            Message No 28

MR SPEAKER – The Legislative Council, having considered the recommendations from the Conference on the Statutes Amendment (Holdfast Shores) Bill, has agreed thereto.

Legislative Council, 10 December 1997                                                       J C Irwin PRESIDENT

 

39      Private Members Business – adjournment date

The Speaker, by leave, directed that Private Members Business postponed to 12 February 1998 be set down for Thursday 19 February 1998.

 

40      Adjournment

         House adjourned at 11.49 pm until Tuesday 17 February 1998 at 2.00 pm.

____________

 

         Present during the day - All Members.

 

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY