No 11

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 25 NOVEMBER 1998

 

 

1       Meeting of House

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

 

2       Petition No 12

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

 

12   Ms Maywald, from 695 residents of South Australia, requesting that the House urge the Government to provide the township of Glossop with a filtered water supply.

 

3       Papers

         The following Papers were tabled:

 

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

            Chiropractors Board of South Australia - Report, 1997-98

            Guardianship Board of South Australia - Report, 1997-98

            Meningococcal Disease, Response to – Report, 1998

            Ministerial Statement – Jet Skis

            Nurses Board South Australia - Report, 1997-98

            Pharmacy Board of South Australia - Report, 1997-98

            Physiotherapists Board of South Australia - Report, 1997-98.

 

4       Legislative Review Committee - Reports – Fourth, Fifth and Annual Report, 1997-98

         Mr Condous brought up the Fourth Report of the Committee.

         Report received.

         Report received and read as follows:

The Regulation listed hereunder is a present being considered by the Legislative Review Committee. Evidence is being taken on this matter and it is necessary for a Notice 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 consideration has been given to the Regulations, the Committee may decide to take no further action.

         Regulation referred to:

               No 22 Technical and Further Education Act 1975 – Regulations – Principal.

        

         Mr Condous brought up the Fifth Report of the Committee.

         Report received.

 

         Mr Condous brought up the Annual Report, 1997-98 of the Committee.

         Report received.

 

5       Questions

         Questions without notice were asked.

 

6       Member named

The Speaker named the Member for Elder (Mr Conlon) for disregarding the authority of the Chair.

 

Member's apology

The Honourable Member having made an apology:

Mr Atkinson moved - That the apology be accepted.

Question put and passed.

 

7       Grievance debate

The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

8       Public Works Committee – Leave to sit

The Deputy Premier, by leave, moved - That the Public Works Committee have leave to sit during the sittings of the House this week.

         Question put and passed.

 

9       Public Works Committee - Report – Queen Elizabeth Hospital Intensive Care Redevelopment – Motion to note

Mr Lewis, having by leave, amended the motion of which notice was given, moved – That the recommendations of the Eighty Second Report of the Public Works Committee on the Queen Elizabeth Hospital Intensive Care Redevelopment be adopted.

Ordered, on motion of Ms Thompson, that the debate be adjourned until Wednesday 9 December.

 

10      Public Works Committee – Report – Australian Aboriginal Culture Gallery - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the Eightieth Report of the Public Works Committee on the Aboriginal Culture Gallery be noted.

         Debate resumed.

         Question put and passed.

 

11      Public Works Committee – Report – Modbury Hospital Redevelopment - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the Seventy-Ninth Report of the Public Works Committee on the Modbury Hospital Redevelopment be noted.

         Debate resumed.

         Question put and passed.

 

12      Public Works Committee – Report – South Coast District Hospital Redevelopment -Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Lewis – That the Seventy-Eighth Report of the Public Works Committee on the South Coast District Hospital Redevelopment be noted.

         Debate resumed.

         Question put and passed.


 

13      Social Development Committee – Report – Gambling - Motion to note

Order of the Day read for the adjourned debate on the motion of Hon R B Such – That the Eleventh Report of the Social Development Committee on Gambling be noted.

         Debate resumed.

Ordered, on motion of Mr Hamilton-Smith, that the debate be further adjourned until Thursday 9 December 1998.

 

14      Statutes Amendment (Local Government and Fire Prevention) Bill

The Minister for Local Government (Hon M K Brindal), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Country Fires Act 1989, the Local Government Act 1934 and the South Australian Metropolitan Fire Service Act 1936.

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 tomorrow.

 

15      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 4.

 

16      Petroleum (Production Licences) 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:

Mr Hamilton-Smith 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.

 

17      Guardianship and Administration (Extension of Sunset Clause and Validation of Orders) 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.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

 


 

18      Shop Trading Hours (Miscellaneous) Amendment Bill

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

 

In Committee

                                                Title  considered and 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 with an amendment.

 

Bill read a third time and passed.

 

19      Standing Orders Committee – Report, 1998

         Order of the Day read for consideration of the Standing Orders Committee Report, 1998.

Ordered – That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole to consider the Standing Orders Committee Report.

 

                                                            In Committee

Proposed amendments to Standing Orders 24, 25, 37, 43, 49, 52, 54, 78 and 79 agreed to.

                     New Standing Orders 80A and 80B agreed to.

                     Proposed new Standing Order 81A read.

Mr Atkinson moved to amend the proposed Standing Order by adding after the words “Speaker puts the question.” the words “The Speaker may exercise discretion in determining when each period of five minutes has elapsed.”

Amendments to amendment

Hon J K G Oswald moved to amend the amendment by adding after the words “five minutes have elapsed” the words “and that discretion will not be open to debate or dissent.”

Mr Lewis moved to amend the amendment by adding after the words “five minutes have elapsed” the words “but not so as to reduce the speaking time for any Member to less than five minutes.”

Question - That the amendment proposed by Hon J K G Oswald to the amendment be agreed to - put and passed.

Question - That the amendment proposed by Mr Lewis to the amendment be agreed to - put and passed.

Question – That the amendment of Mr Atkinson as amended be agreed to - put and passed.

Question – That new Standing Order 81A as amended be agreed to – put and passed.

                     Proposed amendments to Standing Orders 101 and 133 agreed to.

         Mr Atkinson moved to insert new Standing Order 139A as follows:

         139A     Disorderly Conduct

      If the Speaker considers the conduct of a Member is disorderly, the Speaker, instead of calling on the provisions of standing order 137, may order the Member to withdraw from the House for up to one hour, which order shall not be open to debate or dissent.

      If a Member fails to leave the Chamber immediately when ordered to do so by the Speaker, the Speaker may name the Member.


      Question put.

      Committee divided (No 1):

 


            Ayes, 19

 

Ms Bedford

Ms Breuer

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

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon R B Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

Hon J L Hall

Mr Hamilton-Smith

Hon G A Ingerson

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Mr McEwen

Mr Meier

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon R G Kerin (Teller)


 

         So it passed in the negative.

 

         Mr Atkinson moved to insert new Standing Order 145A as follows:

         145A     Citizen’s Right of Reply

An aggrieved citizen (not being an organisation or corporation) may make a written submission to the Speaker who will refer the submission to the Standing Orders Committee for its consideration and recommendation that either no further action be taken, or, that a response by the aggrieved citizen be published and printed in Hansard. The Standing Orders Committee is empowered, in consultation with the aggrieved citizen, to publish an edited version if it thinks fit.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

Ordered - That the Committee have leave to sit again on motion.

 

20      Extension of time for adjournment

The Deputy Premier (Hon R G Kerin) moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.


 

21      Standing Orders Committee – Report, 1998

Ordered - That the further consideration in Committee of the Standing Orders Committee Report be now resumed.

 

In Committee

         Mr Atkinson’s proposed new Standing Order 145A further considered.

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

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

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

 

22      Messages from the Legislative Council

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

 

         Stamp Duties (Share Buy-backs) Amendment Bill                      Message No 9

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Stamp Duties Act 1923, without any amendment.

         Legislative Council, 24 November 1998                                            J C Irwin, PRESIDENT

 

         Australian Formula One Grand Prix (South Australian Motor Sport)

         Amendment Bill                                                                          Message No 10

MR SPEAKER - The Legislative Council has passed the Bill returned herewith, titled an Act to amend the Australian Formula One Grand Prix Act 1984, without any amendment.

         Legislative Council, 24 November 1998                                            J C Irwin, PRESIDENT

 

23      Adjournment

         House adjourned at 10.28 pm until tomorrow at 10.30 am.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Thursday 26 November 1998

 

Notice of Motion: Government Business –

 

The Minister for Government Enterprises to move – That he have leave to introduce a Bill for an Act to amend the Second-hand Vehicle Dealers Act 1995.

 

Notice of Motion: Private Members Bills/ Committees/ Regulations –

 

Mr Condous to move – That the Principal regulations under the Technical and Further Education Act 1975, made on 10 September 1998 and laid on the table of this House on 27 October 1998, be disallowed.


 

Notice of Motion: Other Motions

 

Hon D C Wotton to move – That this House congratulates the State Opera of South Australia and the Adelaide Symphony Orchestra in their superb presentation and Australia’s first full scale production of Richard Wagner’s Ring Cycle and further congratulates the Government and in particular the Minister for the Arts on the significant vision and support provided to enable the staging of this magnificent production in Adelaide.

 

         For Wednesday 9 December 1998

 

Notice of Motion: Standing Committee Reports -  

 

Mr Condous to move – That the Annual Report of the Legislative Review for the year ended 30 June 1998 be noted.

 

____________

 

         Present during the day - All Members.

 

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

 

         Division No 1 -

               Ayes - Ms Ciccarello and Mr Snelling.

               Noes - Ms Maywald and Hon J W Olsen.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY