No 8

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

MONDAY 11 OCTOBER 2004

 

 

1       Meeting of House

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

 

2       Petitions Nos 15 and 16

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

 

15   The Minister for Transport, (Hon P L White), from 38 residents of South Australia, requesting the House to support the Premier in his efforts to have the Federal Government increase South Australia’s allocation of funds for building and maintaining the State’s land transport network.

 

16   Mr O’Brien, from 4140 members and patrons of various sport and community clubs and organisations, requesting the House to legislate to ensure that no licensed club gaming venue suffers a forced reduction in the number of fully operating gaming machines through amendments to the Gaming Machines Act 1992.

 

3               Speaker’s Statements –

Matter of Privilege – Witness before the Aboriginal Lands Parliamentary Committee

The Speaker stated that with respect to a matter of privilege raised by the Member for Morphett on 28 June 2004, concerning the intimidation of a witness appearing before the Aboriginal Lands Parliamentary Committee, he noted the statement of Hon T Roberts MLC, Minister for Aboriginal Affairs and Reconciliation and Presiding Member of the Committee “that this is not a matter for the Committee to resolve”.  However, the Speaker further stated that the Committee should report the details of its understanding of this matter to the Parliament so that the Parliament can determine whether to address it as a matter as a contempt of Parliament.

 

Auditor-General’s view on the validity of a Bill passed by the Parliament

The Speaker informed the House that on 9 August 2004, the Presiding Officers jointly wrote to the Auditor-General seeking clarification of the role he played in acquiring information and expressing opinion on the validity of the Parliamentary Remuneration (Non-monetary Benefits) Amendment Bill.  He further stated that the President had received an acknowledgement but neither he nor the President had received a response and that he regarded such situation as unsatisfactory.

 

4       Papers

         The Speaker laid on the Table the following papers:

 

Auditor General – Report 2003-2004

      Part A: Audit Overview

      Part B: Agency Audit Reports – Volumes 1, 2, 3 ,4 & 5.

Ordered to be published (Paper No 4).

 

Assent to Bills – Legal Opinion to the Speaker – 8 October 2004.

 

5       Questions

Questions without notice were asked.

 

6       Grievance debate

On motion of the Speaker, the House noted grievances.

 

7       Gaming Machines (Miscellaneous) 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.

 

8       Message from the Legislative Council

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

 

         Medical Practice Bill                                                                  Message No 3

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled and Act to protect the health and safety of the public by providing for the registration of medical practicioners and medical students; to regulate the provision of medical treatment for the purpose of maintaining high standards of competence and conduct by the persons who provide it, to repeal the Medical Practitioners Act 1983; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 23 September 2004                                          R R Roberts, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

 

Amendment No 1

Clause 3, page 5, after line 16—

Subclause (1)—after the definition of equipment insert:

exempt provider means—

(a)       a recognised hospital, incorporated health centre or private hospital within the meaning of the South Australian Health Commission Act 1976; or

(b)       any other person declared by the regulations to be an exempt provider for the purposes of this Act;

 

Amendment No 2

Clause 3, page 5, lines 27 to 29 —

Subclause (1), definition of medical services provider—delete "—" and paragraphs (a) and (b) and substitute:

an exempt provider

 

Amendment No 3

Clause 6, page 8, lines 19 to 30—

Clause 6(1)(a)—delete subparagraphs (i) to (iii) (inclusive) and substitute:

(i)         1 is to be nominated by the Minister; and

(ii)        1 is to be selected by the Minister from a panel of 3 medical practitioners jointly nominated by the Councils of The University of Adelaide and The Flinders University of South Australia or, if the Councils are unable to agree as to the persons to be nominated, from panels of 3 medical practitioners nominated by each Council; and

(iii)       2 are to be selected by the Minister from a panel of 5 medical practitioners nominated by the Australian Medical Association (South Australia) Incorporated; and

 

Amendment No 4

Clause 6, page 8, line 31—

Clause 6(1)(a)(iv)—delete "2" and substitute:

3

 

 

Amendment No 5

Clause 6, page 9, after line 4—

After subclause (3) insert:

(3a)    The Minister must, when nominating or selecting medical practitioners for appointment as members of the Board, seek to ensure that, as far as practicable, the membership of the Board includes—

(a)         at least 1 medical practitioner who works in the public health system; and

            (b)        at least 1 medical practitioner who works in the private health system; and

             (c)        at least 1 medical practitioner who is registered on the general register (but not also on the specialist register); and

(d)         at least 4 medical practitioners who are currently practising medicine.

 

Amendment No 6

Clause 14, page 12, lines 13 to 15—

Subclause (5)—delete subclause (5)

 

Amendment No 7

Clause 17, page 13, line 27—

Delete "the public," and "of the public or" respectively

 

Amendment No 8

Clause 21, page 15—

Subclause (2)—delete "fixed" wherever occurring and substitute in each case:

awarded

 

Amendment No 9

Clause 21, page 15, line 11—

Subclause (3)—delete "Subject to this section, costs" and substitute:

Costs

 

Amendment No 10

Clause 25, page 16, lines 9 and 10—

Clause 25(1)(b)—delete paragraph (b) and substitute:

(b)      8 must be medical practitioners appointed by the Governor, and of these—

(i)          6 are to be nominated by the Minister; and

(ii)          2 are to be selected by the Minister from a panel of 5 medical practitioners nominated by the Australian Medical Association (South Australia) Incorporated; and

 

Amendment No 11

Clause 25, page 16, after line 13—

After subclause (1) insert:

(1a)    The body referred to in subsection (1)(b)(ii) must, in constituting a panel for the purposes of that subsection, nominate at least 1 woman and 1 man.

 

Amendment No 12

Heading to Part 4, page 17, line 24—

Heading to Part 4—after "Registration" insert:

and practice

 

Amendment No 13

Clause 31, page 18, line 10—

Subclause (4)—after "his or her" insert:

name or

 

Amendment No 14

Clause 31, page 18, lines 19 and 20—

Subclause (5)(b)(iv)—delete subparagraph (iv) and substitute:

(iv)     if the removal was consequent on suspension—the duration of the suspension; and

(v)      if the person has been disqualified from being registered on a register—the duration of the disqualification; and

 

Amendment No 15

Clause 33, page 19, line 20—

Subclause (1)(c)—delete "the medical treatment" and substitute:

medical treatment of the kind

 

Amendment No 16

Clause 33, page 19, line 25—

Subclause (1)(d)—after "practitioner" insert:

or proceedings under Part 5 against the person

 

Amendment No 17

Clause 33, page 19, lines 31 and 32—

Subclause (2)(b)—delete "the medical treatment" and substitute:

medical treatment of the kind

 

Amendment No 18

Clause 34, page 20, lines 18 to 21—

Subclause (1)—delete subclause (1) and substitute:

(1)      A person is not entitled to—

(a)       undertake a course of study that provides qualifications for registration on the general register under this Act; or

(b)       provide medical treatment as part of a course of study related to medicine being undertaken by the person in a place outside the State,

unless the person is registered under this section as a medical student.

 

Amendment No 19

Clause 34, page 20, lines 24 to 27—

Subclause (2)(a)—delete paragraph (a) and substitute:

(a)      genuinely requires registration on that register—

(i)        to enable the person to undertake a course of study that provides qualifications for registration on the general register under this Act; or

(ii)        to enable the person to provide medical treatment as part of a course of study related to medicine being undertaken by the person in a place outside the State; and

 

Amendment No 20

Clause 34, page 20, line 28—

Subclause (2)(b)—delete "the medical treatment" and substitute:

medical treatment of the kind

 

Amendment No 21

Clause 34, page 20, line 29—

Subclause (2)(b)—delete "that register" and substitute:

the medical student register

 

Amendment No 22

Clause 34, page 20, line 30—

Subclause (2)(c)—delete "that register" and substitute:

the medical student register

 

Amendment No 23

Clause 34, page 20, lines 32 and 33—

Subclause (3)—delete "the medical treatment" and substitute:

medical treatment of the kind

 

Amendment No 24

Clause 35, page 21, line 14—

Subclause (4)—after "applicant" insert:

(provisional registration)

 

Amendment No 25

Clause 36, page 21, lines 27 to 29—

Subclause (2)(d)—delete paragraph (d) and substitute:

(d)     who completes, or ceases to be enrolled in, the course of study that formed the basis for the person's registration on the medical student register; or

 

Amendment No 26

Clause 37, page 22, lines 9 to 11—

Subclause (1)(d)(ii)—delete subparagraph (ii) and substitute:

(ii)  ceasing to be enrolled in the course of study that formed the basis for the person's registration on the medical student register,

 

Amendment No 27

Clause 39, page 23, line 26—

Subclause (1)(e)—delete "business" and substitute:

nominated contact

 

Amendment No 28

Clause 47, page 27, line 35—

Subclause (1)(b)—delete "of a particular kind"

 

Amendment No 29

Clause 47, page 28, line 14—

Subclause (2)(d)—after "inspection" insert:

, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process

 

Amendment No 30

Clause 49, page 29, line 12—

Subclause (1)(b)—delete "(including a hospital)"

 

Amendment No 31

Clause 49, page 29, lines 17 and 18—

Subclause (1)(d)—delete paragraph (d) and substitute:

(d)     the person in charge of an educational institution at which a medical student is enrolled in a course of study providing qualifications for registration on the general register under this Act,

 

Amendment No 32

Clause 49, page 29, after line 22—

After subclause (1) insert:

(1a)    If a medical services provider or exempt provider is of the opinion that a medical practitioner or medical student through whom the provider provides medical treatment has engaged in unprofessional conduct, the provider must submit a written report to the Board setting out the provider's reasons for that opinion and any other information required by the regulations.

Maximum penalty: $10 000.

 

Amendment No 33

Clause 50, page 30, line 6—

Paragraph (d)—after "conditions" insert:

on the person's registration

 

Amendment No 34

Clause 50, page 30, line 8—

Paragraph (e)—after "conditions" insert:

on the person's registration

 

Amendment No 35

Clause 51, page 31, line 7—

Subclause (6)(c)(i)—after "conditions" insert:

on the person's registration

 

Amendment No 36

Clause 55, page 32, line 34—

Subclause (2)(b)(ii)—after "conditions" insert:

on the person's registration

 

Amendment No 37

Clause 57, page 34, line 18—

Subclause (2)(c)(i)—after "conditions" insert:

on the respondent's registration

 

Amendment No 38

Clause 63, page 37, line 37—

Subclause (1)—delete "Part" and substitute:

Division

 

Amendment No 39

Clause 64, page 38, line 20—

Paragraph (b)—delete "Part" and substitute:

Division

 

Amendment No 40

Clause 68, page 40, line 4—

Definition of health service, (c)—after "podiatric," insert:

optometry, occupational therapy,

 

Amendment No 41

Clause 68, page 40, lines 7 and 8—

Definition of prescribed relative—delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 42

Clause 68, page 40, lines 9 to 15—

Definition of putative spouse—delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 43

Clause 71, page 40, line 31—

Delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 44

Clause 71, page 41, lines 1 to 19—

Delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 45

Clause 71, page 41, line 12—

Subclause (3)—delete "practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 46

Clause 71, page 41, line 20—

Subclause (5)(a)—delete "practitioner" and substitute:

registered person

 

Amendment No 47

Clause 72, page 41, lines 34 to 36—

Subclause (1)—delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 48

Clause 72, page 42, lines 1 to 3—

Subclause (2)—delete "medical practitioner" wherever occurring and substitute in each case:

registered person

 

Amendment No 49

Clause 78, page 43, lines 7 to 12—

Clause 78—delete the clause and substitute:

78—Report to Board of cessation of status as student

(1)           The person in charge of an educational institution must, if a medical student completes, or ceases to be enrolled in, a course of study at that institution providing qualifications for registration on the general register under this Act, cause written notice of that fact to be given to the Board.

Maximum penalty: $5 000.

 

(2)           A person registered on the medical student register who completes, or ceases to be enrolled in, the course of study that formed the basis for that registration must cause written notice of that fact to be given to the Board.

Maximum penalty: $1 250.

 

Amendment No 50

Clause 79, page 43, line 19—

Subclause (1)—after "treatment" insert:

or proceedings under Part 5 against the registered person or medical services provider

 

Amendment No 51

Clause 80, page 43, line 28—

Subclause (1)—delete "registered person" and substitute:

person against whom the claim is made

 

Amendment No 52

Clause 82, page 44, lines 33 to 41—

Clause 82—delete the clause and substitute:

82—Self-incrimination and legal professional privilege

(1)           It is not an excuse for a person to refuse or fail to answer a question or to produce a document or record as required under this Act on the ground that to do so might tend to incriminate the person, or make the person liable to a penalty, or on the ground of legal professional privilege.

(2)           If a person objects to answering a question or to producing a document or record on the ground that the answer, or the document or record, might tend to incriminate the person or make the person liable to a penalty, then—

(a)       in the case of a person who is required to produce a document or record—the fact of production of the document or record (as distinct from the contents of the document or record); or

(b)       in any other case—the information furnished in compliance with the requirement, is not admissible in evidence against the person in proceedings (other than proceedings in respect of the making of a false or misleading statement or perjury) in which the person might be found guilty of an offence or liable to a penalty.

(3)           If a person objects to answering a question or to producing a document or record on the ground of legal professional privilege, the answer, or the document or record, will not be admissible in civil or criminal proceedings against the person who would, but for this section, have the benefit of the legal professional privilege.

 

Amendment No 53

Clause 89, page 46, line 33—

Subclause (1)(c)—after "known" insert:

nominated contact,

 

Amendment No 54

Clause 90, page 47, line 17—

Subclause (1)(d)—after "provider" insert:

or exempt provider

 

Amendment No 55

New Schedule, page 49, after line 42—

After Schedule 1 insert:

Schedule 2—Further provisions relating to Board

1—Duty of members of Board with respect to conflict of interest

(1)     A member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board—

(a)  must, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest; and

(b)   must not take part in any discussion by the Board relating to that matter; and

(c)   must not vote in relation to that matter; and

(d)    must be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $20 000.

(2)     If a member of the Board makes a disclosure of interest and complies with the other requirements of subclause (1) in respect of a proposed contract—

(a)   the contract is not liable to be avoided by the Board; and

(b)    the member is not liable to account to the Board for profits derived from the contract.

(3)     If a member of the Board fails to make a disclosure of interest or fails to comply with any other requirement of subclause (1) in respect of a proposed contract, the contract is liable to be avoided by the Board or the Minister.

(4)     A contract may not be avoided under subclause (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.

(5)     Where a member of the Board has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Board, the member must, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest or office.

Maximum penalty: $20 000.

(6)     A disclosure under this clause must be recorded in the minutes of the Board and reported to the Minister.

(7)     If, in the opinion of the Minister, a particular interest or office of a member of the Board is of such significance that the holding of the interest or office is not consistent with the proper discharge of the duties of the member, the Minister may require the member either to divest himself or herself of the interest or office or to resign from the Board (and non-compliance with the requirement constitutes misconduct and hence a ground for removal of the member from the Board).

(8)     Without limiting the effect of this clause, a member of the Board will be taken to have an interest in a matter for the purposes of this clause if an associate of the member has an interest in the matter.

(9)     This clause does not apply in relation to a matter in which a member of the Board has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.

(10)    In this clause—

associate has the same meaning as in the Public Corporations Act 1993.

2—Protection from personal liability

(1)    No personal liability is incurred for an act or omission by—

(a)     a member of the Board; or

(b)     a member of a committee of the Board; or

(c)     the Registrar of the Board; or

(d)      any other person engaged in the administration of this Act, in good faith in the performance or purported performance of functions or duties under this Act.

(2)    A civil liability that would, but for subclause (1), lie against a person, lies instead against the Crown.

3—Expiry of Schedule

This Schedule will expire on the commencement of section 6H of the Public Sector Management Act 1995 (as inserted by the Statutes Amendment (Honesty and Accountability in Government) Act 2003).

 

J M Davis Clerk of the Legislative Council

 

Ordered – That the amendments be taken into consideration on motion.

 

9       Gaming Machines (Miscellaneous) Amendment Bill

Debate (interrupted by the foregoing) resumed.

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

 

10      Adjournment

House adjourned at 9.46 pm until tomorrow at 2.00 pm.

 

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

            For Tuesday 12 October 2004

 

Notice of Motion: Government Business -

 

The Attorney-General to move – That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935.

 

 

____________

 

 

Present during the day - All Members except Mr Goldsworthy.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY