No. 12

 

                    VOTES AND PROCEEDINGS

 

                           OF THE

 

                      HOUSE OF ASSEMBLY

 

                                ____________

 

 

                          WEDNESDAY 23 MARCH 1994

 

 

 1   Meeting of House

     The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

 2   Petition No. 33

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

 

     33 Mrs Rosenberg from 291 residents of South Australia, requesting that the House urge the Government to install a pedestrian crossing at the intersection of Commercial Road and Main Street at Seaford Rise.

 

 3   Environment, Resources and Development Committee Report - Regulations under the Development Act

     Mrs Kotz brought up the First Report, 1994 of the Environment, Resources and Development Committee on Regulations under the Development Act.

     Report received and read as follows:

    

     The Regulations listed hereunder are at present being considered by the Environment, Resources and Development Committee.  Evidence is being taken on these matters and it is necessary for Notices 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 further consideration has been given to the Regulations, the Committee may decide to take no further action.

     Regulations referred to -

     No. 49 - Development Act 1993 - Various

     No. 115 - Development Act 1993 - Variations.

 

 4   Legislative Review Committee - Reports

     Mr Cummins brought up the Fifth Report, 1994, of the Legislative Review Committee.

     Report received and read as follows:

 

     The Rule and Regulations listed hereunder are at present  being considered by the Legislative Review Committee.  Evidence is being taken on these matters and it is necessary for Notices 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 further consideration has been given to the Rule and the Regulations, the Committee may decide to take no further action.

     Rule referred to -

     Racing Act 1976 - Rules - Harness Racing - Offences - Use of Whip

     Regulations referred to -

     Education Act 1972 - Regulations - Dress Codes

     Beverage Container Act 1975 - Regulations - Plastic Milk Containers

     Industrial Relations Act (SA) 1972 - Regulations - Non-Legal Registered Agents

     Road Traffic Act 1961 - Regulations - The Code - Traffic Control Devices

     Dried Fruits Act 1993 - Regulations - Registration - Producers/Packers

     Industrial Relations Act (SA) 1972 - Regulations - Registered Agents

     Education Act 1972 - Regulations - Alberton Primary School Council.

 

     Mr Cummins brought by the Sixth Report, 1994 of the Legislative Review Committee.

 

 5   Questions

     Questions without notice were asked.

 

 6   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

 7   Stamp Duties (Concessions) Amendment Bill

     The Treasurer (Hon. S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

     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 Quirke, that the debate be adjourned until tomorrow.

 

 8   Stamp Duties (Securities Clearing House) Amendment Bill

     The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Stamp Duties Act 1923.

     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 Quirke, that the debate be adjourned until tomorrow.

 

 9   Postponement of business

     Ordered - That Notice of Motion (Government Business) No. 3 be postponed and taken into consideration after Order of the Day (Government Business) No. 1.

 

10   Real Property (Miscellaneous) Amendment Bill

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

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

     Ordered, on motion of Mr Quirke, that the debate be adjourned until tomorrow.

 

11   Industrial and Employee Relations Bill

     The Minister for Industrial Affairs (Hon. G.A. Ingerson), pursuant to notice, moved - That he have leave to introduce a Bill for an Act about the relationship of employer and employee; and for other matters.

     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 Clarke, that the debate be adjourned until tomorrow.

12   Workers Rehabilitation and Compensation (Administration) 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.

 

13   Extension of time for adjournment

     The Minister for Industrial Affairs moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

     Question put and passed.

 

14   Messages from the Legislative Council

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

 

     Country Members Accommodation Allowance - Resolution re       Message No. 14

     MR SPEAKER - The Legislative Council informs the House of Assembly that it has passed the Resolution transmitted herewith, and desires the concurrence of the House of Assembly thereto.

 

                           Resolution referred to

        That -

        (a)  in view of allegations of impropriety having been made against a former Member of the Legislative Council in relation to claims for living-away-from-home allowances and observations having been made about claims for these allowances by other Members of Parliament; and

        (b)  noting that the Auditor-General already examines claims as part of his annual audit of the accounts of the Legislature, and that the Premier has already requested the Remuneration Tribunal to examine claims for certain allowances by Members,

        the Legislative Council and the House of Assembly

        (a)  support the Auditor-General, as part of his audit function examining such claims in both the Legislative Council and the House of Assembly, the basis of them and the authority for such payments;

        (b)  support the request to the Remuneration Tribunal to examine whether its determination in relation to living-away-from-home allowances requires and is capable of greater definition.

     Legislative Council, 23 March 1994                H.P.K. Dunn, PRESIDENT

 

     Ordered, on motion of Mr De Laine, that consideration of the resolution be an Order of the Day for tomorrow.

 

     Wills (Miscellaneous) Amendment Bill                    Message No. 15

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Wills Act 1936, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 23 March 1994                H.K.P. Dunn, PRESIDENT

 

     Bill read a first time.

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

 

     Retirement Villages (Miscellaneous) Amendment Bill            Message No. 16

     MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Retirement Villages Act 1987, to which it desires the concurrence of the House of Assembly.

        The Legislative Council draws the attention of the House of Assembly to clause 15, printed in erased type, which clause, being a money clause, cannot originate in the Legislative Council, but which is deemed necessary to the Bill.

     Legislative Council, 23 March 1994                H.P.K. Dunn, PRESIDENT

 

     Bill read a first time.

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

 

15   Workers Rehabilitation and Compensation (Administration) Amendment Bill

     Debate (interrupted by the foregoing ) resumed.

     Question put and passed.

    

     Bill read a second time.

    

                                In Committee

                        Clauses Nos 1 to 3 agreed to.

                        Clause No. 3 reconsidered.

 

     Question put.

     Committee divided (No. 1):

 

              Ayes, 27.

 

         Mr Andrew

         Mr Ashenden

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Mr Kerin

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Tiernan

         Mr Venning

         Mr Wade

         Hon. G.A. Ingerson (Teller)   

         Noes, 6.

 

         Hon. L.M.F. Arnold

         Hon. F.T. Blevins

         Mr Foley

         Mr Quirke

        Hon. M.D. Rann

         Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

                        Clause No. 4 read.

 


     Question put.

     Committee divided (No. 2):

 

            Ayes, 27.

 

         Mr Andrew

         Mr Ashenden

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Buckby

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Mr Kerin

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Mr Scalzi

         Hon. R.B. Such

         Mr Tiernan

         Mr Venning

         Mr Wade

         Hon. G.A. Ingerson (Teller)   

         Noes, 6.

 

         Hon. L.M.F. Arnold

         Hon. F.T. Blevins

         Mr Foley

         Mr Quirke

         Hon. M.D. Rann

         Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

                        Clause No. 5 agreed to.

                        Clause No. 6 read.

     The Minister for Industrial Affairs moved on page 7, lines 5 to 10, to leave out paragraph (b) and insert the following paragraphs in lieu thereof:

 

     (b)   the stress arising out of employment exceeds the level that would be normally and reasonable expected in employment of the relevant kind; and

     (c)   the stress is not, to a significant extent, attributable to -

        (i)              reasonable action to transfer, demote, discipline, counsel, retrench or dismiss the worker; or

        (ii)             a reasonable decision not to award or provide a promotion, transfer or benefit in connection with the worker's employment; or

        (iii)            a reasonable administrative action in connection with the worker's employment; or

        (iv)             a reasonable act, decision or requirement under this Act affecting the worker; or

        (v)              a reasonable act, decision or requirement that is incidential or ancillary to any of the above.


     Question put.

     Committee divided (No. 3):

 

            Ayes, 26.

 

         Mr Andrew

         Mr Ashenden

         Hon. S.J. Baker

         Mr Bass

         Mr Becker

         Mr Brindal

         Mr Brokenshire

         Mr Caudell

         Mr Condous

         Mr Evans

         Ms Greig

         Hon. G.M. Gunn

         Mr Kerin

         Mr Leggett

         Mr Lewis

         Hon. W.A. Matthew

         Mr Meier

         Hon. J.K.G. Oswald

         Ms Penfold

         Ms Rosenberg

         Mr Rossi

         Hon. R.B. Such

         Mr Tiernan

         Mr Venning

         Mr Wade

         Hon. G.A. Ingerson (Teller)   

         Noes, 6.

 

         Hon. L.M.F. Arnold

         Hon. F.T. Blevins

         Mr Foley

         Mr Quirke

         Hon. M.D. Rann

         Mr Clarke (Teller)

 

     So it was resolved in the affirmative.

 

     To report progress and ask leave to sit again.

 

                                ____________

 

     The House having resumed:

     Hon. H. Allison reported that the Committee had considered the Bill referred to it, made progress therein and asked leave to sit again.

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

 

16   Adjournment

     House adjourned at 12.00 p.m. until tomorrow at 10.30 a.m.

 

                                ____________

 

 

                     MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 24 March 1994

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

 

Mrs Kotz to move - That Various Regulations under the Development Act 1993, made on 27 October 1993 and laid on the Table of this House on 2 November 1993, be disallowed.

 

Mrs Kotz to move - That the Variations of Regulations under the Development Act 1993, made on 31 December 1993 and laid on the Table of this House on 10 February 1994, be disallowed.

 

Mr Cummins to move - That the Rules under the Racing Act 1976 relating to Harness Racing Offences - Use of Whip, made on 28 September 1993 and laid on the Table of this House on 2 November 1993, be disallowed.

 

Mr Cummins to move - That the Regulations under the Education Act 1972 relating to Dress Codes, made on 21 October 1993 and laid on the Table of this House on 21 October 1993, be disallowed.

 

Mr Cummins to move - That the Regulations under the Beverage Container Act 1975 relating to Plastic Milk Containers, made on 27 October 1993 and laid on the Table of this House on 2 November 1993, be disallowed.

 

Mr Cummins to move - That the Regulations under the Industrial Relations Act 1972 relating to Non-legal Registered Agents, made on 9 December 1993 and laid on the Table of this House on 10 February 1994, be disallowed.

 

Mr Cummins to move - That the Regulations under the Road Traffic Act 1961 relating to the Code-Traffic Control Devices, made on 4 November 1993 and laid on the Table of this House on 10 February 1994, be disallowed.

 

Mr Cummins to move - That the Regulations under the Industrial Relations Act 1972 relating to Registered Agents, made on 4 November 1993 and laid on the Table of this House on 10 February 1994, be disallowed.

 

Mr Cummins to move - That the Regulations under the Dried Fruits Act 1993 relating to the Registration of Producer/Packers, made on 18 November 1993 and laid on the Table of this House on 10 February 1994, be disallowed.

 

Mr Cummins to move - That the Regulations under the Education Act 1972 relating to Alberton Primary School Council, made on 20 January 1994 and laid on the Table of this House on 10 February 1994, be disallowed.

 

                                ____________

 

 

     Present during the day - All the Members except Hon. M.H. Armitage and Hon. D.C. Wotton.

 

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

 

     Division No. 1

        Ayes - Hon. M.H. Armitage, Hon. J.W. Olsen and Hon. D.C. Wotton.

        Noes - Messrs Atkinson and De Laine and Ms Hurley.

 

     Division No. 2

        Ayes - Hon. M.H. Armitage, Hon. J.W. Olsen and Hon. D.C. Wotton.

        Noes - Messrs Atkinson and De Laine and Ms Hurley.

 

     Division No. 3

        Ayes - Hon. M.H. Armitage, Hon. J.W. Olsen and Hon. D.C. Wotton.

        Noes - Messrs Atkinson and De Laine and Ms Hurley.

 

                                                            G.M. Gunn

                                                            SPEAKER

 

G.D. Mitchell

CLERK