No 12

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 26 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       Constitution (Citizenship) Amendment Bill

Mr Scalzi, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Constitution Act 1934.

Question put and passed.

 

         Bill presented and read a first time.

         Mr Scalzi moved - That this Bill be now read a second time.

Ordered, on motion of Hon M D Rann, that the debate be adjourned until Thursday 10 December.

 

3       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 2 be a Notice of Motion for Thursday 10 December.

 

4       Workers Rehabilitation and Compensation (Mental Incapacity) Amendment Bill

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

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

Ordered, on motion of Mr McEwen, that the debate be adjourned until Thursday 10 December.

 

5       Select Committee on a Heroin Rehabilitation Trial - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hamilton-Smith – That this House establish a Select Committee to investigate whether the Government should conduct a scientific, medical trial to determine if the provision of injectable heroin as part of a program of rehabilitation, improves the community’s ability to attract and retain into abstinence treatment, drug misusers who are committing crimes, at risk of transmitting HIV or at risk of death or serious injury as a consequence of their abuse.

         Debate resumed.

Ordered, on motion of Ms Key, that the debate be further adjourned until Thursday 10 December.


 

6       Postponement of business

Ordered - separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 and 4 be Orders of the Day for Thursday 10 December.

 

7       Glenthorne Farm – Reference to Environment, Resources and Development Committee - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hanna – That the Environment, Resources and Development Committee investigate and report on options for future use of the Glenthorne Farm site, taking into consideration –

(a)  the proposal for a wine industry training centre on the site;

(b)  the Premier’s public statement that there would be no housing development on the site;

(c)  the value placed on open space by the local community; and

         (d)  the historical and cultural significance of the site.

         Debate resumed.

Mr Hill moved to amend the motion by leaving out the words “Environment, Resources and Development Committee investigate and report on options for future use of the Glenthorne Farm site, taking into consideration” and inserting in lieu thereof the words “Premier include the Member for Mitchell, as the local Member, on his committee to investigate and report on options for future use of the Glenthorne Farm site; and the committee should consider and publicly report on”

Ordered, on motion of Mr Hill, by leave, that the debate be further adjourned until Thursday 10 December

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

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8       Olympic Torch Relay - Motion re

Hon G A Ingerson, pursuant to notice, moved – That this House welcomes the announcement of the Olympic Torch Relay as an exciting celebration of Australia’s hosting of the 2000 Olympic games, as it is an important opportunity to promote many of our State tourism assets and a vital component of our local celebrations for the coming Olympic Games.

Debate ensued.

Question put and passed.

 

9       Wagner’s Ring Cycle - Motion re

Hon D C Wotton, pursuant to notice, proceeding 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.

Ordered, on motion of Hon D C Wotton, by leave, that the motion be adjourned until Thursday 10 December.

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It being 12.30 pm, Orders of the Day: Other Motions were called on by the Clerk.

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10      Regulation of Jet Skis - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Hill – That this House calls on the Minister for Transport and Urban Planning to prepare regulations for submission to the Governor in Executive Council under the Harbors and Navigation Act 1993 –

(a)  that provide for the regulation, restriction or prohibition of motorised jet skis in specified waters within one kilometre of the foreshore adjacent to metropolitan Adelaide and other coastal cities and towns in the State;

(b)  that take into account the views of local government councils that have areas adjoining those waters to ensure that appropriate regulations, restrictions or prohibitions are in place to protect public safety and to allow the public to enjoy the beaches without unreasonable disruption or disturbance; and

         (c)  that provide appropriate exemptions for jet skis used by surf life saving clubs.

         Debate resumed.

Mr Lewis moved to amend the motion; in paragraph (a), by inserting the word “or” after the word “regulation”, by leaving out the words “or prohibition”, by leaving out the word “1 kilometre” and inserting the word “200 metres”, by leaving out the words “other coastal cities and towns in the State” and inserting in lieu thereof the words “specified off-river areas along the River Murray”; and in paragraph (b) by inserting the word “or” after the word “regulations”, by leaving out the words “or prohibitions”; and in paragraph (c) by leaving out the word “appropriate” and inserting after the word “clubs” the words “and in other appropriate cases”.

Debate continued.

Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 10 December.

 

11      Petition No 13

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

 

13   The Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire), from 2500 residents of South Australia, requesting that the House urge the Government to fund intensive care facilities at the Noarlunga Hospital.

 

12      Papers

         The following Papers were tabled:

 

          By the Premier (Hon J W Olsen) -

            Office of the Small Business Advocate - Report, 1997-98

 

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

            Charitable and Social Welfare Fund - Report, 1997-98

            Health Commission, South Australian and Human Services, Department of –

               Report, 1997-98

            Health Development - Report, 1997-98

            Public Advocate, Office of - Report, 1997-98

            Supported Residential Facilities Advisory Committee - Report, 1997-98

 

          By the Minister for Environment and Heritage (Hon D C Kotz) -

            Environment, Heritage and Aboriginal Affairs, Department for - Report, 1997-98

            Environment, South Australian Report on the State of - Summary, 1998


 

          By the Minister for Industry and Trade (Hon I F Evans) -

            Industry and Trade, Department of - Report, 1997-98

 

          By the Minister for Recreation, Sport and Racing (Hon I F Evans) -

            Greyhound Racing Authority, South Australian - Report, 1997-98

            Harness Racing Authority, South Australian - Report, 1997-98.

 

13      Economic and Finance Committee - Report – Electricity Reform in South Australia

Hon G M Gunn brought up the Twenty-Sixth Report of the Committee relating to Electricity Reform in South Australia

         Report received.

         Ordered to be printed (Paper No 187).

 

14      Questions

         Questions without notice were asked.

 

15      Matter of Privilege

Mr Conlon raised, as a matter of privilege, the possible misleading of the House by the Premier in relation to the awarding of a Government contract to Motorola Australia Pty Ltd.

 

Speaker’s statement

There is a need for clarification of what is expected of the Chair. The speech by the Honourable Member was in support of a motion to be moved for a Privileges Committee. The Honourable Member is putting a case to the Chair on whether a matter of privilege exists that would allow the House, if it wants, to establish a committee. It is in relation to that matter that I will address myself.

         This morning’s press gave some notice of the Honourable Member’s intention.

I will address those remarks and the allegations made by the Member for Elder (Mr Conlon).

The Member has raised a matter of privilege which is substantially the same issue as the House dealt with a few weeks ago, also under the question of privilege, and which had its origins in 1994. Whilst the allegations clearly touch on privilege, it is my view that there is little new material in what has been raised today and I decline to give precedence to it as a specific matter of privilege which, by its nature, would allow it to overtake all other business on the Notice Paper this afternoon.

However, the Member has the right to move a substantive motion along the lines of what he is proposing in the normal way. To allow the House itself the opportunity to decide whether some urgency should be accorded the matter, I will allow the Member to seek the concurrence of the House by moving for the suspension of Standing Orders. The matter can then be decided by the House. If the suspension is agreed to by the House, it will allow the Honourable Member to move a motion today rather than on the next Thursday sitting day.

 

16      Suspension of Standing Orders

Mr Conlon, without notice, moved - That Standing Orders be so far suspended as to enable him to move a motion forthwith.

Debate ensued.

Question put and there being a negative voice.


 

         House divided (No 1):

 


                       Ayes, 21

 

Mr Atkinson

Ms Bedford

Ms Breuer

Ms Ciccarello

Mr De Laine

Mr Foley

Mrs Geraghty

Mr Hanna

Mr Hill

Ms Hurley

Ms Key

Mr Koutsantonis

Mr Lewis

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Conlon (Teller)


        Noes, 24

 

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

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 D C Wotton

Hon R G Kerin (Teller)


 

         So it passed in the negative.

 

17      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

18      Message from the Legislative Council

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

 

         Passenger Transport (Service Contracts) Amendment Bill         Message No 11

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Passenger Transport Act 1994, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 26 November 1998                                            J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms Hurley, that the debate be adjourned until Tuesday 8 December.

 

19      Next day of sitting

The Deputy Premier (Hon R G Kerin) moved - That the House at its rising adjourn until Tuesday 8 December at 2.00 pm.

         Question put and passed.


 

20      Second-hand Vehicle Dealers (Compensation Fund) Amendment Bill (No 2)

The Minister for Government Enterprises (Hon M H Armitage), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Second-hand Vehicle Dealers Act 1995.

Debate ensued.

Question put.

House divided (No 2):

 


            Ayes, 23

 

Hon M K Brindal

Mr Brokenshire

Hon D C Brown

Hon M R Buckby

Mr Condous

Hon I F Evans

Hon G M Gunn

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

Mr Meier

Hon J W Olsen

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon M H Armitage (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

Ms Key

Mr Koutsantonis

Ms Maywald

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Stevens

Ms Thompson

Ms White

Mr Wright

Mr Atkinson (Teller)

 


 

Casting Vote

The number of Ayes and Noes being equal, the Speaker gave his casting vote for the Ayes because it is appropriate that the House see the Bill.

 

So it was resolved in the affirmative.

 

         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 Tuesday 8 December.

 

21      Report of the Auditor-General; and Budget Results 1997-98

Order of the Day read for the further consideration in Committee of the Report of the Auditor-General; and Budget Results 1997-98.

 

In Committee

Deputy Premier, Minister for Primary Industries, Natural Resources and Regional Development (Hon R G Kerin) examined.

Minister for Police, Correctional Services and Emergency Services (Hon R L Brokenshire) examined.


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         The House having resumed:

Hon D C Wotton reported that the Committee had completed the examination of Ministers on matters contained in the reports referred to it.

 

22      Message from the Legislative Council

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

 

         TransAdelaide (Corporate Structure) Bill                                    Message No 12

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to provide for the continuation of TransAdelaide as a statutory corporation; to make a consequential amendment to the Passenger Transport Act 1994; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 26 November 1998                                            J C Irwin, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be an Order of the Day for Tuesday 8 December.

 

23      Standing Orders Committee – Report, 1998

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

 

In Committee

         Proposed new Standing Order 145A further considered.

         Question put.

         The Chairman declared that the Ayes had it.

        

         Chairman’s ruling - disagreement to

The Chairman ruled that as there appeared to be confusion as to the result, he would put the question again.

         Objection being taken to the ruling of the Chairman by Mr Clarke.

         The Speaker, having resumed the Chair, upheld the ruling of the Chairman.

        

         Speaker’s ruling – disagreement to

         Mr Clarke moved - That the ruling of the Speaker be disagreed with.

         Debate ensued.


 

         Question put.

         House divided (No 3):

 


                       Ayes, 20

 

Mr Atkinson

Ms Bedford

Ms Ciccarello

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

Ms White

Mr Wright

Mr Clarke (Teller)


        Noes, 23

 

Hon M H Armitage

Hon M K Brindal

Mr Brokenshire

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

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Wotton

Hon R G Kerin (Teller)


 

         So it passed in the negative.

 

         The Speaker left the Chair and the House resolved itself into a Committee of the whole.

 

In Committee

         Proposed new Standing Order 145A further considered and negatived.

         Proposed amendments to Standing Orders 149, 160,171, 172 and 186 agreed to.

         Standing Order 190 left out.

         Proposed new Standing Order 194 agreed to.

         Standing Order 196 left out.

         Proposed new Standing Order 197 agreed to.

         Standing Order 239 left out.

         Proposed new Standing Orders 242, 265, 348, 370 and 399 agreed to.

Question - That the words “printing” and “printed” wherever occurring be left out and the words “publishing” and “published” be inserted in lieu thereof – put and passed.

Question - That the words “Sergeant-at-Arms” wherever occurring be left out and the words “Serjeant-at-Arms” be inserted in lieu thereof – put and passed.

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         The House having resumed:

      Hon D C Wotton reported that the Committee had further considered the report referred to it and had agreed to the same with amendments.

 

         The Deputy Premier moved - That the Report as amended be adopted.

         Question put and passed.

 

24      Adjournment

         House adjourned at 5.59 pm until Tuesday 8 December 1998 at 2.00 pm.

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Wednesday 9 December 1998

 

Notice of Motion: Standing Committee Reports -

 

Hon G M Gunn to move – That the Twenty-Sixth Report of the Economic and Finance Committee on Electricity Reform in South Australia be noted.

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         Present during the day - All Members.

 

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

 

         Division No 3 -

               Ayes - Ms Breuer.

               Noes - Mrs Penfold.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY