No 11

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 9 NOVEMBER 2000

 

 

1       Meeting of House

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

 

2       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be postponed until Thursday 16 November.

 

3       Health and Community Services Complaints Bill

Ms Stevens, pursuant to notice, moved - That she have leave to introduce a Bill for an Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health and community service users and providers; and for other purposes.

Question put and passed.

 

         Bill presented and read a first time.

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

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 16 November.

 

4       Road Traffic (Highway Speed Limit) Amendment Bill

Hon G M Gunn, pursuant to notice, moved – That the Road Traffic (Highway Speed Limit) 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 in Committee of this Bill be made an Order of the Day for Thursday 16 November.

 

5       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be postponed until Thursday 30 November.

 

6       Education (Compulsory School Age) 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.

         Ordered, on motion of Mr Hamilton-Smith, that the debate be adjourned until Thursday 16 November.

 

7       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be postponed until Thursday 16 November.

 

8       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 4 be postponed until Thursday 30 November.

 

9       Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 5 to 7 be postponed until Thursday 16 November.

 

10      Discharge of Business - South Australian Health Commission Act – Regulations – Flat Fee for Service

         Order of the Day: Private Members Bills/ Committees/ Regulations No 8 read.

         Ordered – That this Order of the Day be discharged.

 

11      Netherby Kindergarten (Variation of Waite Trust) Act Repeal Bill

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

Debate resumed.

         Question put and passed.

 

         Bill read a third time and passed.

 

12           Select Committee on DETE Funded Schools - Motion re

      Order of the Day read for the adjourned debate on the motion of Hon R B Such – That this House establish a Select Committee to examine and make recommendations in respect of DETE funded schools, with particular reference to –

(a)  current local school management models, including Partnerships 21 and possible alternative models and strategies;

(b)  retention rates;

(c)  the requirements of children with special needs;

(d)  the particular needs of children in the various geographical areas of South Australia; and

(e)  school fees and any other DETE education matter that the Committee may wish to consider.

         Debate resumed.

 

Mr Lewis moved to amend the motion by inserting after “(d)” the following:

      “(da) the appropriateness or other wise of the retention of the present school leaving age, or any school leaving age;

      (db) the basis of employment and placement of teachers by schools;”

      and by inserting after “consider” in (e), the words ”and that the Committee report to the House on 13 March 2001.

Hon R B Such moved to amend the amendment by leaving out “13” and inserting “15”.

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It being Midday, Notices of Motion: Other Motions were called on by the Clerk

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13      Suspension of Standing Orders

The Minister for Minerals and Energy (Hon W A Matthew), without notice, moved - That Standing Orders be so far suspended as to enable Notices of Motion: Other Motions to be postponed until Orders of the Day: Private Members Bills/Committees/Regulations are disposed of.

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

 

 


14      Select Committee on DETE Funded Schools - Motion re

         Debate (interrupted by the foregoing) resumed.

Question – That the amendment to the amendment be agreed to – put and passed.

Question – That the amendment as amended be agreed to – put and passed.

Question – That the motion as amended be agreed to – put and passed.

 

Select Committee

And a Committee was appointed consisting of Mrs Penfold, Ms Rankine, Hon R B Such Mr Williams and Ms White.

Ordered – That the Committee have power to send for persons, papers and records and to adjourn from place to place.

 

         Suspension of Standing Order 339

Hon R B Such, without notice, moved - That Standing Order 339 be and remain so far suspended as to enable the Select Committee to authorise the disclosure or publication, as it sees fit, of any evidence presented to the Committee prior to such evidence being reported to the House.

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

 

15      States’ IVF Program - Motion re

Mr Scalzi, pursuant to notice, moved - That this House commends the Prime Minister on his stand on IVF programs and urges South Australian Senators to support legislation to allow the States to determine who should be entitled to participate in their States’ IVF Programs.

         Ordered, on motion of Mr De Laine, that the debate be adjourned until Thursday 16 November.

 

16      Apology to the Aboriginal People - Motion re

Ms Bedford, pursuant to notice, moved - That this House re-states its apology to the Aboriginal people for past policies of forcible removal and the effect of those policies on the indigenous community and acknowledges the importance of an apology from all Australian Parliaments as an integral part of the process of healing and reconciliation.

         Debate ensued.

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It being 1.00 pm, the debate was adjourned (Hon G M Gunn, by leave) and made an Order of the Day for Thursday 16 November.

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17      Petitions Nos 32 to 34

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

 

32   Mr Condous, from 49 residents of South Australia, requesting that the House strengthen the law in relation to prostitution and ban prostitution related advertising.

 

33   Mr Hill, from 330 residents of South Australia, requesting that the House ensure that the Aldinga Police Station is open twenty-four hours a day.

 

34   Ms Stevens, from 23 residents of South Australia, requesting that the House urge the Government to fund dental services to ensure the timely treatment of patients.

 

18      Paper

         The Speaker laid on the Table the following report:

 

Report of the Auditor-General on Summary of Pelican Point Power Station Project Documents under Section 41A of the Public Finance and Audit Act 1987.

Ordered to be published (Paper No 4B).

 

 

19      Papers

         The following Papers were tabled:

 

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

      Department for Transport, Urban Planning and the Arts – Report, 1999-2000

 

By the Minister for Environment and Heritage (Hon I F Evans) –

      Department for Environment and Heritage – Report, 1999-2000.

 

20      Questions

Questions without notice were asked.

 

21      Division List – Correction of Error

Ms Thompson called to the attention of the House an Error in a Division list yesterday relating to the Question – “That the South Australian Ports (Disposal of Maritime Assets) Bill be read a third time”, on which occasion Ms Thompson voted for the Noes, but was not recorded.

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

 

22      Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 

23      Country Fires (Incident Control) Amendment Bill

The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) , pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Country Fires Act 1989.

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 Wright, that the debate be adjourned until Tuesday next.

 

24      Statutes Amendment (Transport Portfolio) Bill

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

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

         Ordered, on motion of Mr Wright, that the debate be adjourned until Tuesday next.

 

25      Racing (Proprietary Business Licensing) Bill

         Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                                                Clauses Nos 19 to 29 agreed to.

                                                Clause No 30 read.

 

      To report progress and ask leave to sit again.

 

____________

 

The House having resumed:

Hon G M Gunn reported that the Committee had further 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 on motion.

 

26      Extension of time for adjournment

The Minister for Environment and Heritage moved - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

Question put and passed.

27      Message from the Legislative Council

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

 

         Shop Theft (Alternative Enforcement) Bill                                  Message No 12

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled a Act to provide for certain persons accused of minor shop theft to be subject to a non-curial enforcement process with their consent as an alternative to prosecution; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 8 November 2000                                         J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Tuesday next.

 

25      Racing (Proprietary Business Licensing) Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                                Clauses Nos 30 to 50 agreed to.

                                                Schedule agreed to.

                                                Clause No 5 reconsidered.

 

Mr Wright moved on page 8, line 5 after “conducts” to insert the words, “, or arranges for the conduct of,”.

Question – That the amendment be agreed to - put.

      Committee divided (No 1):

 


                                Ayes, 20

 

Mr Atkinson

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

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright (Teller)


Noes, 24

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon J L 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

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon I F Evans (Teller)


         So it passed in the negative.

 

                                                Clause agreed to.

                                                Clause No 10 reconsidered and agreed to.

                                                Clause No 24 reconsidered and agreed to.

                                                Title agreed to

____________

 

         The House having resumed:

Hon G M Gunn 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 now read a third time.

Debate ensued.

 

29      Extension of sitting

The Minister for Environment and Heritage moved - That the sitting of the House be extended beyond 6.00 pm.

Question put and passed.

 

30      Racing (Proprietary Business Licensing) Bill

         Debate (interrupted by the foregoing) resumed.

         Question – That this Bill be now read a third time – put.

         House divided (No 2):

 


               Ayes, 23

 

Hon M H Armitage

Hon M K Brindal

Hon R L Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon I F Evans (Teller)


Noes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Hon G A Ingerson

Ms Key

Mr Koutsantonis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Mr Wright (Teller)


 

         So it was resolved in the affirmative.

 

         Bill read a third time and passed.

 

32      Message from the Legislative Council

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

 

         Statutes Amendment (Federal Courts – State Jurisdiction) Bill 

                                                                                                            Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Agricultural and Veterinary Chemicals (South Australia) Act 1994, the Competition Policy Reform (South Australia) Act 1996, the Corporations (South Australia) Act 1990, the Gas Pipelines Access (South Australia) Act 1997, the Jurisdiction of Courts (Cross-vesting) Act 1987, the National Crime Authority (State Provisions) Act 1984 and the New Tax System Price Exploration Code (South Australia) Act 1999, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 9 November 2000                                     J C Irwin, PRESIDENT

 

         Bill read a first time.

 

         Ordered - That the second reading be an Order of the Day for Tuesday next.

 

32      Adjournment

         House adjourned at 6.19pm until Tuesday next at 2.00pm.

 

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MOTION OF WHICH NOTICE WAS GIVEN

 

 

CONTINGENT NOTICE OF MOTION

Contingently on the Education (Councils and Charges) Amendment Bill being read a second time, Ms White to move – That the Bill be referred to the Select Committee on DETE Funded Schools.

 

 

 

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         Present during the day - All Members except Hon D C Wotton.

 

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

 

 

         Division No 1 -

               Ayes - Ms White.

               Noes - Hon D C Wotton.

 

 

         Division No 2 -

               Ayes - Hon D C Wotton.

               Noes - Ms White.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY