No 12

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

THURSDAY 26 FEBRUARY 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       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be a Notice of Motion for Thursday 19 March.

 

3               Select Committee on Certain Matters relating to Primary and Secondary Education - Motion re

Ms White, pursuant to notice, moved – That a Select Committee be established to consider and report on the following matters of importance to primary and secondary education in South Australia:

(a)   the financial and operational impacts on school and learning of the introduction of information technology to South Australian Government schools including the EDSAS and DECStech 2000 Technology Programmes;

(b)   issues relating to the provision of education to country students and the disadvantages they face;

(c)   the effects of school closures on the provision of education to school communities;

(d)   the fall in retention rates to year 12 and the related issues of the recognition of vocational education within the South Australian Certificate of Education and the transition of students from school to employment; and

(e)   any other related matter; and

     that the Minutes of Proceedings and Evidence to the 1996 Legislative Council Select Committee on Pre-school, Primary and Secondary Education in South Australia be requested for referral to the Committee.

Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 19 March.

 

4       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 3 to 5 be Notices of Motion for Thursday 19 March.

 

5       Environment, Resources and Development Committee – Report - Establishment of Artificial Reefs - Motion to note

Mr Venning, pursuant to notice, moved – That the Twenty-Sixth Report of the Environment, Resources and Development Committee on the Establishment of Artificial Reefs be noted.

Debate ensued.

Question put and passed.

 

6       Environment, Resources and Development Committee –- Annual Report - Motion to note

Mr Venning, pursuant to notice, moved – That the Twenty-Seventh Report of the Environment, Resources and Development Committee, being the Annual Report - 1996-97, be noted.

 Question put and passed.

 

 

7       Freedom of Information (Public Opinion Polls) 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.

Mr Meier moved - That the debate be further adjourned.

Question put.

House divided (No. 1)

 


                Ayes, 22

 

Hon M H Armitage

Mr Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

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

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Hon D C Wotton

Mr Meier (Teller)


        Noes, 23

 

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr Clarke

Mr Conlon

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Williams

Mr Wright

Mr Atkinson (Teller)


 

         So it passed in the negative.

        

Debate continued.

Question put and passed.

 

Bill read a second time.

 

In Committee

                                                  Clause No 1 agreed to.

Clause No 2 read.

         To report progress and ask leave to sit again.

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         The House having resumed:

Hon D C Wotton 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 Thursday 19 March.

 

8       Criminal Law (Sentencing) (Victim Impact Statements) 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 Hanna, that the debate be further adjourned until Thursday 19 March.

 

9               Discharge of business

The Speaker directed that Order of the Day: Private Members Bills/ Committees/ Regulations No 3 be removed from the Notice Paper, as the Regulation had been disallowed in the Legislative Council.

 

10      Criminal Law Consolidation (Intoxication) 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 Meier, that the debate be adjourned until Thursday 19 March.

____________

 

It being Midday, Other Motions were called on by the Clerk.

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11      European Wasps – Motion re

Hon D C Wotton, pursuant to notice, moved – That this House commends the Government on its decision to maintain funding to assist in the control of European wasps and also its commitment to further research issues relating to their eradication and urges the Government not to support the imposition on property owners of a removal fee for wasp nests as this could discourage people from reporting the presence of wasps and would therefore be to the detriment of the program.

Debate ensued.

         Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Thursday 19 March.

 

12      Postponement of business

Ordered - That Orders of the Day: Other Motions to be postponed until Notices of Motion: Other Motions: are disposed of.

 

13      National Farmers Federation – Labour Relations – Motion re

Mr Clarke, pursuant to notice, moved – That this House condemns the Federal Liberal Government and the National Farmers Federation for their provocative approach to water front reforms in Australia, and in particular:

(a) their support for current and past serving members of the Australian Defence Forces to participate in an ill fated overseas strike breaking training exercise;

(b) their support for the conspiracy entered into between Patrick Stevedores and the National Farmers Federation front company to establish a union busting stevedoring company at Webb Dock, Victoria;

     and calls on the Federal Government and the National Farmers Federation to recognise that just and fairly negotiated settlements between management, unions and the workers involved can achieve more in terms of productivity and improved labour relations.

Debate ensued.

 

It being 1.00 pm, the motion was adjourned (Mr De Laine) and made an Order of the Day for Thursday 19 March.

 

14      Answers to questions

Answers to questions on the Notice Paper Nos 17, 27, 29 to 31 and an answer to a question without notice were tabled by the Speaker.

 

15      Papers

         The following Papers were tabled:

 

          By the Minister for Multicultural Affairs (Hon J W Olsen) -

               Multicultural and International Affairs, Office of - Report, 1996-97

 

          By the Deputy Premier (Hon G A Ingerson) -

               City of Unley - By-Laws -

                     No 1 - Renumbering of By-Laws

                     No 3 - Bees

                     No 4 - Garbage Bins

                     No 5 - Inflammable Undergrowth

                     No 6 - Streets and Footways

                     No 7 - Recreation Areas

                     No 8 - Dogs

                     No 9 - Poultry

                     No 10 - Caravans

                     No 11 - Removal of Garbage

                     No 12 - Street Trade’s Licence

                     No 13 - Lodging Houses

 

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

              Controlled Substances Advisory Council - Report, 1996-97

 

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

               Industrial Affairs, Department for - Report, 1996-97

 

          By the Minister for Education, Children’s Services and Training (Hon M R Buckby) -

               Employment, Training and Further Education, Department for - Construction Industry Training Fund Act, Review of - November 1997

 

          By the Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) -

              SABOR Ltd - Chairman’s Report, 1996-97

 

          By the Minister for Local Government (Hon M K Brindal) -

     Adelaide Governance Review, City of - Report, January 1998.

 

16      Questions

         Questions without notice were asked.

 

17      Matter of Privilege

The Leader of the Opposition (Hon M D Rann) raised, as a matter of privilege, an allegation that the Deputy Premier had misled the House.

The Speaker advised he would consider the matter and report to the House.

 

18      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

19      Next Day of Sitting

The Deputy Premier moved - That the House at its rising adjourn until Tuesday 17 March  at 2 00 pm.

         Question put and passed.

 

20      Suspension of Standing Orders

The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the introduction of 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.

 

National Wine Centre (Land of Centre) Amendment Bill

The Deputy Premier, pursuant to order, moved - That he have leave to introduce a Bill for an Act to amend the National Wine Centre Act 1997.

Question put and passed.

 

         Bill presented and read a first time.

         The Deputy Premier moved - That this Bill be now read a second time.

         Ordered, on motion of Mr Clarke, that the debate be adjourned until Tuesday 17 March.

 


21      Criminal Law (Forensic Procedures) Bill

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

         The Minister for Government Enterprises moved - That this Bill be now read a second time.

Ordered, on motion of Mr Atkinson, that the debate be adjourned until Tuesday 17 March.

 

22      Liquor Licensing (Licensed Clubs) Amendment Bill                              

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

Debate ensued.

Bill read a second time.

 

In Committee

Clauses Nos 1 to 5 agreed to.

Clause No 6 amended and agreed to.

Clause No 7 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 with an amendment.

 

Bill read a third time and passed.

 

23      Supply Bill 

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

Question put and passed.

 

Bill read a second time.

 

Grievance debate

The Minister for Government Enterprises moved - That the Speaker do now leave the Chair and the House resolve itself into a Committee of the whole for consideration of the Bill.

Debate ensued.

 

Ordered, on motion of Mr Clarke, that the debate be adjourned until Tuesday 17 March.

 

24      Speaker’s Statement - Matter of Privilege

The Speaker made a statement on the matter of privilege raised earlier, as follows:

This afternoon, the Leader of the Opposition raised a matter of privilege and asked that I rule on it accordingly.  During the period since that request was made I have examined the record, and there are four quotations which I think are relevant.  The first one, dated 19 February, states:

“When the annual report of ETSA was tabled in this House was when I became aware of it.”

A further quote, reported in Question Time today, is as follows:

“I made the comment to the House  that I received the information relating to the $96 million when I received the annual general report from ETSA, and that was during the election period.”

Another quote from today states:

“What I said was that the report was delivered into my office during my election campaign.”

Finally, another quote from today states:

“I was advised that the report came into my office during that period, and I have said to this House that I read it afterwards.”

The Chair believes that there is an inconsistency between the statements of the Deputy Premier.  The issue is whether the inconsistency amounts to a wilful misleading of the House or a slip in terminology. Over the years in this House not every inconsistency in a Member’s speech has

 

amounted to a breach of privilege.  I have considered the Minister’s statement in the Hansard record and, whilst there appears to be an inconsistency in the record, it is the view of the Chair that there does not appear to have been a deliberate attempt by the Minister to mislead the House.  However, because of the inconsistency I believe that an explanation should be provided by the Minister and that he certainly should be given the opportunity to make an explanation to the House to clarify these matters of inconsistency.  After I have heard that explanation from the Minister I will be prepared to make a final ruling. 

 

Minister’s explanation

The Honourable Minister having made an explanation.

 

Speakers Ruling

The Speaker then stated:

“I rule that the Minister has satisfactorily explained the inconsistencies, and therefore I rule that there has not been a breach of privilege.” 

 

25      Adjournment

The House adjourned at 5.57 pm until Tuesday 17 March at 2.00 pm.

 

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         Present during the day - All Members except Ms Key.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY