No 13

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

TUESDAY 8 DECEMBER 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       Message from the Governor

         The following Message from the Governor was received and read:

 

         Assent to Bills                                                                             Message No 2

The Governor informs the House of Assembly that, in the name and on behalf of Her Majesty The Queen, the following Acts have been assented to during the present Session, viz –

No 70 of 1998 – An Act to amend the Australian Formula One Grand Prix Act 1984

No 71 of 1998 – An Act to amend the Stamp Duties Act 1923

No 72 of 1998 – An Act to amend the Non-Metropolitan Railways (Transfer) Act 1997.

         Government House, 8 December 1998                                            E J Neal, GOVERNOR

 

3       Petitions Nos 14 and 15

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

 

14   Mr Hill, from 2 811 residents of South Australia, requesting that the House urge the Government to fund intensive care facilities at the Noarlunga Hospital.

 

15   Hon R B Such, from 367 residents of South Australia, requesting that the House urge the Government to provide ongoing funding for the eradication of the European Wasp.

 

4       Answers to questions

Answers to questions on the Notice Paper Nos 1, 8, 12, 18, 19, 24, 33, 34 and 70 and questions without notice were tabled by the Speaker.

 

5       Papers

         The following Papers were tabled:

 

          By the Premier (Hon J W Olsen) -

               Public Employment, Office of the Commissioner for - Public Sector Workforce Information, Erratum, June 1998


 

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

               Development Act - City of Mount Gambier Heritage Plan, Report on the Interim Operation of - Amendment

            Regulations under the following Acts -

               Controlled Substances - Fertility Drugs

               Road Traffic - Declaration of Hospitals

 

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

            State Supply Board - Report, 1997-98

            Regulations under the following Acts -

               Legal Practitioners - Fees

               Liquor Licensing - Dry Areas - Long Term - Mount Gambier

               Public Trustee - Commission and Fees

               Valuation of Land - Various

 

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

            Flinders University of South Australia -

               Report, 1997

               Statute Amendments, 1997

            Regulations under the following Acts -

               Children's Services - Child Care Centre

               Senior Secondary Assessment Board of South Australia - Subjects and Fees

 

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

            Regulations under the following Acts -

               City of Adelaide - Members Allowances and Benefits

               Local Government - Expenses not Registered

               Local Government Finance Authority - Prescribed Bodies.

 

6       Environment, Resources and Development Committee – Report – Rural Road Safety Strategy

Mr Venning brought up the Thirtieth Report of the Committee on a Rural Road Safety Strategy.

         Report received.

         Ordered to be printed (Paper No 188).

 

7       Public Works Committee - Reports – Playford Primary School Redevelopment and Playford B Power Station Upgrade

Mr Lewis brought up the Eighty-Third Report of the Committee on the Playford Primary School Redevelopment.

         Report received.

         Ordered to be printed (Paper No 189).

 

Mr Lewis brought up the Eighty-Fourth Report of the Committee on the Playford B Power Station Upgrade.

         Report received.

         Ordered to be printed (Paper No 190).

 

8       Questions

         Questions without notice were asked.

 

9       Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

10      Messages from the Legislative Council

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

 

         Criminal Law Consolidation (Contamination of Goods) Amendment Bill           Message No 13

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1935, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 1998                                            J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms White, that the debate be adjourned until tomorrow.

 

         Summary Offences (Offensive and other Weapons) Amendment Bill                 Message No 14

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Summary Offences Act 1953, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 27 November 1998                                            J C Irwin, PRESIDENT

 

         Bill read a first time.

 

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

         Ordered, on motion of Ms White, that the debate be adjourned until tomorrow.

 

10      TransAdelaide (Corporate Structure) Bill

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

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

         Ordered, on motion of Ms White, that the debate be adjourned and resumed on motion.

 

11      Nurses 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.

                                                Clause No 3 read.

Ms Stevens moved on page 1, lines 20 to 22 to leave out all words in these lines and insert in lieu thereof the words:

“enrolled nurse” means a person whose name is enrolled under this Act as a general nurse (supervised).

Question – That the amendment be agreed to – put.


 

         Committee divided (No 1):

 


                       Ayes, 21

 

Mr Atkinson

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 Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Ms Stevens (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 R G Kerin

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Brown (Teller)


 

         So it passed in the negative.

         Ms Stevens moved on page 1, after line 1, to insert the following definitions:

“general nurse” means a person who is qualified in accordance with this Act to practise in all fields of nursing (other than as a mental health nurse or as a midwife) without supervision;

“general nurse (supervised)” means a person who is qualified in accordance with this Act to practise in all fields of nursing under supervision;

and on page 2, after line 7, to insert the following definitions:

“mental health nurse” means a person who is qualified in accordance with this Act to practise in the field of mental health nursing;

“mental health nurses register” means the register kept under this Act of mental health nurses;

“midwife” means a person who is qualified in accordance with this Act to practise midwifery;

“midwifery” means care, assistance or support provided to a mother or child in relation to pregnancy or the birth of a child;

“midwifes register” means the register kept under this Act of midwives;

and on page 2, after line 8, to insert the following definitions:

“nurses register” means the register kept under this Act of general nurses;

“nurses roll” means the roll kept under this Act of general nurses (supervised);

and on page 2, lines 14 to 18, to leave out these lines and insert the following definition:

“registered nurse” means a person whose name is registered on a register under this Act;

Question – That the amendments be agreed to - put and negatived.

Ms Stevens moved on page 3, after line 9, to insert the following paragraphs:

(3) For the purposes of this Act, nursing practise means nursing care provided to an individual or a defined group within the community in order to assist the person or group to reach or maintain a particular goal associated with their health or wellbeing.

(4) A person may provide nursing care by observing, assisting, reporting, monitoring, diagnosing, planning, evaluating or intervening in relation to the health care of an individual or group and nursing care may include undertaking an associated responsibility for education, research or management.

(5) Subsections (3) and (4) operate subject to any determination of the Board as to the scope of nursing practise for the purposes of this Act.

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

                                       Clause agreed to.

                                       Clause No 4 agreed to.

                                       Clause No 5 read.

Ms Stevens moved on page 4, line 17, to leave out paragraphs (a) and (b) and insert in lieu thereof the words:

            (a)  six must be nurses registered or enrolled under this Act: and

 

Safeguarding amendment

The Minister for Human Services, having intimated that he intended on page 4, line 17, after the word “person” to insert the words “with nursing qualifications”.

Question – That the words “one must be a person” be left out – put.

Committee divided (No 2):

 


            Ayes, 22

 

Mr Atkinson

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

Mr McEwen

Ms Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Ms Stevens (Teller)


        Noes, 24

 

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 R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Brown (Teller)


 

         So it passed in the negative.

         Ms Stevens moved on page 4, line 20, to leave out all words in this line.

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

Ms Stevens moved on page 4, lines 22 and 23, to leave out these lines and insert the following paragraph:

      (e)  three must be persons, nominated by the Minister, who are not eligible for appointment under a preceding paragraph and who are considered by the Minister to be appropriate persons to represent the interests of consumers.

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

                                       Clause otherwise amended and agreed to.

                                       Clauses Nos 6 to 9 agreed to.

                                       Clause No 10 read.

Ms Stevens moved on page 6, line 8, to leave out the word “two” and insert in lieu thereof the word ‘three”.

Question – That the amendment be agreed to - put and negatived.

                                       Clause agreed to.

                                       Clause No 11 agreed to.


 

                                       Clause No 12 read.

Ms Stevens moved on page 7, after line 18, to insert the following paragraph:

(2a) A member of the staff of the Board must be employed on conditions that are not less favourable to the conditions applying to persons holding a comparable position under the Public Sector Management Act 1995 or the South Australian Health Commission Act 1976.

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

                                       Clause agreed to.

                                       Clauses Nos 13 to 15 agreed to.

                                       Clause No 16 read.

 

         To report progress and ask leave to sit again.

____________

 

         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 motion.

 

13      Extension of time for adjournment

The Minister for Human Services moved - That the time for moving the adjournment of the House be extended beyond 10.00 pm.

Question put and passed.

 

14      Nurses Bill

         Ordered - That the further consideration in Committee of this Bill be now resumed.

 

In Committee

                                                Clause No 16 further considered and agreed to.

                                                Clause No 17 agreed to.

                                                Clause No 18 amended and agreed to.

                                                Clauses Nos 19 to 22 agreed to.

                                                Clause No 23 read.

Ms Stevens moved on page 14, lines 21 to 30 to leave out all words in these lines and insert in lieu thereof the following:

          Registration

          23. (1) Subject to this Act, a person is eligible for registration as a general nurse, mental health nurse or midwife under this Act if the person—

 

             (a)   has qualifications approved or recognised by the Board for the purposes of registration on the appropriate register under this Act; and

 

             (b)   has met the requirements determined by the Board to be necessary for the purposes of registration on the appropriate register under this Act; and

 

             (c)   is a fit and proper person to be registered under this Act.

 

                    (2) Subject to this Act, registration as a general nurse authorises the nurse—

 

                    (a)         to practise in all fields of nursing, other than as a mental health nurse or a midwife, without supervision; and

 

                    (b)        to practise in the fields of mental health nursing and midwifery under the supervision of a mental health nurse or midwife (as the case requires).

 

                    (3) Subject to this Act, registration as a mental health nurse authorises the nurse to practise in the field of mental health nursing without supervision.

 

                    (4) Subject to this Act, registration as a midwife authorises the practice of midwifery without supervision.

 

                    (5) The Board may, on conditions determined by the Board—

 

                    (a)         authorise a general nurse to practise in the field of mental health nursing or midwifery without supervision;

 

                    (b)        authorise a mental health nurse or a midwife to practise in any other field of nursing.

 

                    (6) The Board may, as it thinks fit, by written notice to a nurse who holds an authorisation under subsection (5)—

 

                     (a)      vary conditions that apply under that subsection;

 

                     (b)      revoke an authorisation under that subsection.

        

         Question – That the amendment be agreed to - put.

         Committee divided (No 3):

 


                       Ayes, 21

 

Mr Atkinson

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 Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Ms Stevens (Teller)


        Noes, 25

 

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 R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Brown (Teller)


 

         So it passed in the negative.

                                                Clause agreed to.

                                                Clause No 24 amended and agreed to.

                                                Clauses Nos 25 to 27 agreed to.


 

         Ms Stevens moved on page 17, after line 12, to insert new clause as follows:

          Form of registration or enrolment

                    27A. (1) The Board will determine the form of a current certificate of registration or enrolment under this Act.

 

                    (2) If the Board has imposed a condition or limitation in relation to the registration or enrolment of a person under this Act, a notation of the existence of the condition or limitation may be made on the certificate of registration or enrolment.

 

                    (3) However, a notation under subsection (2) may only identify that a condition or limitation exists (and the certificate must not provide any other information relating to the condition or limitation).

 

                    (4) A person whose registration or enrolment is subject to a condition or limitation under this Act must comply with any direction of the Board concerning the disclosure of the condition or limitation in connection with the practice of nursing.

 

             Maximum penalty:      $10 000.

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

                                                Clauses Nos 28 to 37 agreed to.

                                                Clause No 38 amended and agreed to.

                                                Clause No 39 agreed to.

Ms Stevens moved on page 20, after line 5, to insert new clause as follows:

          Approval of certain arrangements

          39A. (1) The Board may, on application under this section, in its absolute discretion, authorise a person to employ or engage a person or persons who are not registered or enrolled under this Act to provide nursing care.

 

                    (2) It will be a condition of an authorisation under subsection (1) that a person who provides nursing care under the authorisation will do so under the supervision of a registered nurse.

 

                    (3) The Board may, in granting an authorisation under subsection (1)—

 

                    (a)         grant any associated authorisation in connection with the operation of section 39;

 

                    (b)        impose other conditions on which the authorisation is granted.

 

                    (4) The Board may, as it thinks fit, by written notice to a person who holds an authorisation under this section—

 

                    (a)         vary conditions that apply under this section;

 

                    (b)        revoke an authorisation under this section.

 

                    (5) A person must not contravene or fail to comply with a condition imposed under this section.

 

       Question – That the amendment be agreed to – put.


       Committee divided (No 4):

 


               Ayes, 21

 

Mr Atkinson

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 Rankine

Hon M D Rann

Mr Snelling

Ms Thompson

Ms White

Mr Wright

Ms Stevens (Teller)


        Noes, 25

 

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 R G Kerin

Hon D C Kotz

Mr Lewis

Hon W A Matthew

Ms Maywald

Mr McEwen

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mr Scalzi

Hon R B Such

Mr Venning

Mr Williams

Hon D C Brown (Teller)


 

         So it passed in the negative.

                                       Clauses Nos 40 to 45 agreed to.

                                       Clause No 46 left out.

                                       Clause No 47 amended and agreed to.

                                       Clauses Nos 48 and 49 agreed to.

                                       Clause No 50 amended and agreed to.

                                       Clauses Nos 51 to 53 agreed to.

                                       New clauses Nos 53A and 53B inserted.

                                       Clauses Nos 54 to 62 agreed to.

Ms Stevens moved on page 29, after line 21, to insert new clause as follows:

Review of special fields of nursing

            63. (1) The Board must, by 30 June 2000, complete a review of the specialist areas of nursing and make recommendations to the Minister in relation to other areas of nursing that should require qualification or supervision as separate fields of nursing.

 

            (2) The Board must, in conducting a review under subsection (1), consult –

      (a)  with organisations and associations that, in the opinion of the Board, represent the interests of nurses wihin the State; and

      (b)  with the public generally.

 

      (3) The Board must prepare a report on the outcome of the review and provide a copy of that report to the Minister by the date referred to in subsection (1)

Question – That the amendment be agreed to - put and negatived.

                                       Schedule 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 amendments.

 

Bill read a third time and passed.

 

15      Message from the Legislative Council

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

 

         Adelaide Festival Corporation Bill                                              Message No 15

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to establish the Adelaide Festival Corporation; to provide for the conduct of the Adelaide Festival of Arts; and for other purposes, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 8 December 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 Mr Atkinson, that the debate be adjourned until tomorrow.

 

16      Postponement of business

Ordered - That Orders of the Day: Government Business Nos 3 and 4 be Orders of the Day for tomorrow.

 

17      Road Traffic (Road Events) 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      Passenger Transport (Service Contracts) 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

                                                Clause No 1 agreed to.

                                                Clause No 2 amended and 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.

 

19      TransAdelaide (Corporate Structure) Bill

Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

Debate resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

                                                Clauses Nos 1 to 9 agreed to.

                                                Clause No 10 amended and agreed to.

                                                Clauses Nos 11 to 17 agreed to.

                                                Clause No 18 left out.

                                                Clause No 19 agreed to.

                                                Schedule 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 amendments.

____________

 

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

Debate ensued.

Question put and passed.

 

Bill read a third time and passed.

 

20      Message from the Legislative Council

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

 

Guardianship and Administration (Extension of Sunset Clause and Validation of Orders) Amendment Bill      Message No 16

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Guardianship and Administration Act 1993, without any amendment.

         Legislative Council, 8 December 1998                                             J C Irwin, PRESIDENT

 

21      Adjournment

         House adjourned at 11.53 pm until tomorrow at 2.00 pm.

____________


 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

         For Wednesday 9 December 1998

 

Notices of Motion: Standing Committee Reports -  

 

Mr Venning to move – That the Thirtieth Report of the Environment, Resources and Development Committee on South Australian Rural Road Safety Strategy be noted.

 

Mr Lewis to move – That the Eighty-Fourth Report of the Public Works Committee on the Playford – B Power Station Upgrade be noted.

 

Mr Lewis to move – That the Eighty-Third Report of the Public Works Committee on the Playford Primary School Redevelopment be noted.

 

         For Thursday 10 December 1998

 

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

 

Mrs Geraghty to move – That she have leave to introduce a Bill for an Act to amend the Collections for Charitable Purposes Act 1939.

 

Notices of Motion: Other Motions

 

Mr Hill to move – That this House calls on the Minister for Environment and Heritage to ensure that applications to grant wilderness status to the Coongie Lakes Wetlands be processed forthwith, and calls on the Minister to ensure that Coongie Lakes Wetlands be given the highest possible level of environmental protection once the exploration licences for the area expire in February 1999.

 

Mrs Penfold to move – That this House sends condolences to the families of the five firefighters who died in the fire at Linton in Victoria on Wednesday 2 December 1998 and commends the good and dangerous work that both volunteer and paid fire fighters perform and recognises the risks they take.

____________

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            J K G Oswald

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY