No 11

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 14 OCTOBER 2004

 

 

1       Meeting of House

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

 

2       Australian Dance Theatre – Helpmann Awards - Motion re

Mr Hamilton-Smith, pursuant to notice, moved - That this House –

(a)               congratulates the Australian Dance Theatre for its success at the National 2004 Helpmann Awards in Sydney with its production ‘Held’ and winning best choreography by artistic director Garry Stewart and the dancers, best male dancer by Ross McCormack and best female dancer by Larissa McGowan;

(b)               calls on the Government to recognise and reverse the $150,000 funding cut over the past two years from the Australian Dance Theatre’s core budget, and

(c)               recommends that the Government provide certainty for the Company by confirming an improved core budget over the next four years.

         Debate ensued.

 

The Minister Assisting the Premier in the Arts (Hon J D Hill), moved to amend the motion by deleting all words after “McGowan”

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

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

 

3       Hearing Impairment in Infants - Motion re

Hon D C Kotz, pursuant to notice, moved - That this House urges the Government to –

(a)               implement a State-wide screening program which would detect permanent hearing impairment in infants by a median age of two months; and

(b)               adopt the recommendations of the evaluation report of the newborn screening and assessment  pilot program conducted in 2003/04.

         Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 28 October.

 

4       Metropolitan Council Efficiencies- Motion re

Hon R B Such, having by leave amended his motion of which notice had been given, moved - That this House calls on the Local Government Association to –

(a)               consider the desirability or otherwise of changing the number of Metropolitan Councils and their configuration, as well as the advantages and disadvantages of maintaining the status quo;

(b)               make recommendations as to how Councils can be more efficient and effective in the delivery of services both as individual Councils and through cooperative endeavours;

(c)               make recommendations about how changes, including to rates, can be implemented in accordance with equity principles; and consider ways to ameliorate upward pressure on rates and other charges.

         Debate ensued.

 

Mrs Geraghty moved – That the debate be adjourned.

         Question put.

         House divided (No 1):

 

           Ayes, 25

           Noes, 5

 

Hon M J Atkinson

Hon K O Foley

Ms Bedford

Mr Hanna

Mr Caica

Mr Koutsantonis

Ms Chapman

Hon M J Wright

Ms Ciccarello

Mr Williams (Teller)

Hon P F Conlon

 

Hon I F Evans

 

Hon G M Gunn

 

Hon J D Hill

 

Hon S W Key

 

Hon K A Maywald

 

Hon R J McEwen

 

Mr Meier

 

Mr O'Brien

 

Mrs Penfold

 

Ms Rankine

 

Mr Rau

 

Mrs Redmond

 

Mr Snelling

 

Hon L Stevens

 

Hon R B Such

 

Ms Thompson

 

Mr Venning

 

Hon J W Weatherill

 

Mrs Geraghty (Teller)

 

 

         So it was resolved in the affirmative.

 

Ordered that the debate be adjourned until Thursday 28 October.

 

5       Postponement of business

Ordered - That Notice of Motion: Other Motions No 4 be postponed until Thursday 28 October.

 

6       Procedures and Practices of the House of Assembly - Motion re

Hon R B Such, having by leave amended his motion of which notice had been given, proceeding to move - That the Members of this House take prompt action to -

(a)           inquire into the Interim Report of the Select Committee on Parliamentary Procedures and Practices, and any subsequent submissions to the Standing Orders Committee;

(b)           consider ways to improve the operation of Estimates Committees;

(c)           consider creating a special Committee process and practice which would enable Bills to be processed more efficiently and expeditiously;

(d)           examine relevant changes to Parliamentary Procedures and Practices in other relevant jurisdictions.

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It being 1.00 pm, the motion was adjourned (Hon R B Such, by leave) and made an Order of the Day for Thursday 14 October.

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7       Petitions Nos 18 and 19

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

 

18  The Minister for the River Murray (Hon K A Maywald), from 1972 residents of Waikerie and surrounding area, requesting the House to urge the Government to maintain Obstetric Surgical and other services currently available in Riverland Hospitals and that these services not be restricted to one Riverland Regional Hospital as proposed by Professor Carol Gaston.

 

19   Dr McFetridge, from 1495 residents of South Australia, requesting the House to urge the Government to reinstate crime prevention funding to local councils and locate a 24 hour police station in a prominent position in Moseley Square, Glenelg.

 

8       Papers

         The following Papers were tabled:

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Upper South East Dryland Salinity and Flood Management Act 2002– Report 2003-2004

      Water Challenge for South Australia in the 21st Century – Peter Cullen

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      2007 World Police and Fire Corporation – Report October 2003 – 30 June 2004.

 

9       Questions

Questions without notice were asked.

Ordered on motion of the Minister for Infrastructure (Hon P F Conlon) - That the period for asking questions without notice be extended by 5 minutes.

Questions without notice resumed.

 

10           Speakers statement – Matter of Privilege

The Speaker stated that with respect to the matter of privilege raised by Mr Brindal concerning the omission of information by Ministers in response to a legitimate inquiry, he was satisfied that there was no breach of privilege as no Minister was questioned about departmental budget surpluses and whether or not compliance with Treasurer’s Instructions was occurring.

 

11      Suspension of Standing Orders – Sessional Order

Mr Venning, without notice, moved – That for the remainder of the session, Standing and Sessional Orders be so far suspended as to provide the following in relation to Private Members Business –

(a)     any notice of motion that has appeared on the Notice Paper on three or more previous days on which it could have been, but was not called on – is given precedence in the order in which they originally appeared;

(b)     any notice of motion given such precedence cannot be postponed and if not moved, is removed from the Notice Paper: and

(c)     any notice of motion that has been postponed on three previous occasions is removed from the Notice Paper if not moved when next called on.

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

 

12      Grievance debate

On motion of the Speaker, the House noted grievances.

 

13      Address in Reply - Presentation

The Speaker informed the House that Her Excellency the Governor would be prepared to receive the House for the purpose of presenting the Address in Reply at 4.00 pm today.

The Speaker, accompanied by the mover and seconder of the Address in Reply and other Members, then proceeded to Government House for the purpose of presenting the Address:

 

On his return, the Speaker informed the House that, accompanied by the mover and seconder of the Address in Reply to the Governor's Deputy’s Opening Speech and by other Members, he had proceeded to Government House and had there presented to Her Excellency the Address adopted by the House on 22 September, to which Her Excellency had been pleased to make the following reply:

 

The Honourable The Speaker and Members of the House of Assembly –

Thank you for the Address-in-Reply to the Speech with which the Governor’s Deputy opened the fourth Session of the Fiftieth Parliament

I am confident that you will give your best consideration to all matters placed before you.

I pray for God’s blessing upon your deliberations.

M Jackson-Nelson, GOVERNOR

 

14      Extension of time for adjournment

Ordered, on motion of the Minister for Families and Communities (Hon J W Weatherill) - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

15      Next day of sitting

Ordered, on motion of the Minister for Families and Communities - That the House at its rising adjourn until Monday 25 October at 2.00 pm.

 

16      Suspension of Standing Orders

The Minister for Families and Communities, without notice, moved - That Standing Orders be so far suspended as to enable him to introduce a Bill without notice.

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

 

         Commission of Inquiry (Children in State Care) (Miscellaneous) Amendment Bill

The Minister for Families and Communities, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the Commission of Inquiry (Children in State Care) Act 2004.

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 Brokenshire, that the debate be adjourned until Monday 25 October.

 

17      Message from the Legislative Council

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

 

         Correctional Services (Parole) Amendment Bill                                     Message No 4

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled and Act to amend the Correctional Services Act 1982, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 13 October 2004                                              R R Roberts, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be an Order of the Day for Monday 25 October.

 

18      Electrical Products (Expiation Fees) Amendment Bill

The Minister for Energy (Hon P F Conlon), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electrical Products Act 2000.

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 Hon W A Matthew, that the debate be adjourned until Monday 25 October.

 

19      Postponement of business

Ordered - That Notice of Motion: Government Business No 2 be postponed until Monday 25 October.

 

20      Gaming Machines (Miscellaneous) Amendment Bill

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

 

In Committee

Clause No 7 further considered, amended and agreed to.

Clause No 8 amended and agreed to.

Clause No 9 read.

 

 

         To report progress and ask leave to sit again.

 

____________

 

         The House having resumed:

Hon R B Such 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 on Monday 25 October.

 

21      Speaker’s Statement

The Speaker stated that it had been drawn to his attention that journalist on the ABC morning radio program made adverse remarks about the parliament including the state of sobriety of Members in the Chamber.

 

22      Extension of sitting

Ordered, on motion of the Minister for Gambling (Hon M J Wright) - That the sitting of the House be extended beyond 6.00 pm.

 

23      Media Apology – Motion re

Mr Williams, by leave, without notice moved – That the Speaker write to the manager of the Australian Broadcasting Corporation and to the Press Council pointing out the House’s displeasure at disparaging comments made in the media and seeking a public apology and correction.

Question put and passed.

 

24      Adjournment

Ordered, on motion of the Minister for Gambling (Hon M J Wright) - That the House do now adjourn.

House adjourned at 6.06 pm until Monday 25 October at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Monday 25 October 2004

 

Notices of Motion: Government Business -

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Parliamentary Superannuation Act 1974 and to make a related amendment to the Parliamentary Remuneration Act 1990.

 

The Deputy Premier to move – That he have leave to introduce a Bill for an Act to amend the Judges' Pensions Act 1971, the Police Act 1998, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

 

 

            For Wednesday 27 October 2004

 

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

 

Hon R B Such to move – That he have leave to introduce a Bill for an Act to amend the Shop Trading Hours Act 1977.

 

 

 

 

 

 

            For Thursday 28 October 2004

 

Notice of Motion: Other Motions -

 

Mr Venning to move – That this House calls on the Minister for Police to expand the criteria for awarding the South Australian Police Medal to allow for the medal to be awarded retrospectively to retired police officers in recognition of their meritorious, diligent and dedicated service irrespective of when they served, and to consider supplying the extra resources for SAPOL to undertake the exercise.

 

Mr Venning to move – That this House continues to recognise the important role of the Public Works Committee in ensuring Parliamentary accountability of Executive Government in the development and delivery of major capital works’ proposals, and therefore opposes any move to increase the current $4M project value criterion that necessitates mandatory referral to the Committee.

 

            For Thursday 11 November 2004

 

Notice of Motion: Other Motions -

 

Mrs Penfold to move – That this House calls on the Government to provide funding for the ‘Moving On’ initiative to assist the disabled and their carers in  enjoying a more fulfilling life.

 

            For Wednesday 8 December 2004

 

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

 

Mr Brindal to move – That he have leave to introduce a Bill for an Act to make provision for the recognition of a particular kind of relationship that may exist between two persons of the same sex; to make a related amendment to the Acts Interpretation Act 1915; and for other purposes..

 

 

 

 

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Present during the day - All Members.

 

         The following Pair we handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes – Premier (Hon M D Rann), Minister for Transport (Hon P L White) and Ms Breuer

               Noes – Leader of the Opposition (Hon R G Kerin), Mr Brokenshire and Dr McFetridge.

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY