No. 14

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                       WEDNESDAY 12 OCTOBER 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. 77

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

 

                  77 Hon. F.T. Blevins, from 6 residents of South Australia, requesting that the House urge the                              Government to retain the South Australian Film and Video Centre.

 

 3        Questions

                  Questions without notice were asked.

                  Ordered - That the period for asking questions without notice be extended by five minutes.

                  Questions without notice resumed.

 

 4        Legislative Review Committee - Reports

                  Mr Cummins brought up the Seventh Report of the Committee.

                  Report received and read as follows:

                  The Legislative Review Committee has the honour to recommend the Regulations made under the Workers Rehabilitation and Compensation Act 1986 concerning Medical Report Fees - Reviews and Appeals, gazetted on 26 May 1994 and laid on the table of this House on 2 August 1994, be disallowed.

 

                  Mr Cummins brought up the Eighth Report of the Committee.

                  Report received.

 

 5        Paper

                  The following Paper was tabled:

 

                  By the Minister for Industrial Affairs (Hon. G.A. Ingerson) -

                              Ministerial Statement - Wheelchair Access to Buses.

 

  6        Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 


 7         Financial Institutions Duty (Exempt Accounts) 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 Financial Institutions Duty Act 1983.

                  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 De Laine, that the debate be adjourned until tomorrow.

 

 8        Electrical Products (Administration) Amendment Bill

                  The Deputy Premier (Hon. S.J. Baker), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Electrical Products Act 1988.

                  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         South Australian Water Corporation Bill

                  The Deputy Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the provision of water and sewerage services; to establish a corporation for that purpose; to amend the Sewerage Act 1929 and the Waterworks Act 1932; and for other purposes.

                  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 De Laine, that the debate be adjourned until tomorrow.

 

10       Small Business Corporation of South Australia Act Repeal Bill

                  The Deputy Premier, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to repeal the Small Business Corporation of South Australia Act 1984.

                  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 De Laine, that the debate be adjourned until tomorrow.

 

11        Vocational Education, Employment and Training Bill

                  The Minister for Employment, Training and Further Education (Hon. R.B. Such), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make provision relating to vocational education, employment and training; to repeal the Industrial and Commercial Training Act 1981 and the Tertiary Education Act 1986; and for other purposes.

                  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 De Laine, that the debate be adjourned until tomorrow.

 

12       Land Tax (Scale Adjustment) 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.

                  By leave, House proceeded to third reading.

 

                  Bill read a third time and passed.

 

13       Correctional Services (Private Management Agreements) 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.

                  House divided (No. 1):

 

                                          Ayes, 30.

 

                              Mr Andrew

                              Hon. M.H. Armitage

                              Mr Ashenden

                              Hon. D.S. Baker

                              Hon. S.J. Baker

                              Mr Bass

                              Mr Becker

                              Mr Brindal

                              Mr Brokenshire

                              Mr Buckby

                              Mr Caudell

                              Mr Condous

                              Mr Cummins

                              Mr Evans

                              Ms Greig

                              Ms Hall

                              Hon. G.A. Ingerson

                              Mr Kerin

                              Mrs Kotz

                              Mr Leggett

                              Mr Lewis

                              Mr Meier

                              Hon. J.K.G. Oswald

                              Ms Penfold

                              Ms Rosenberg

                              Mr Rossi

                              Mr Scalzi

                              Hon. R.B. Such

                              Mr Wade

                              Hon. W.A. Matthew (Teller)

                  Noes, 9.

 

Hon. F.T. Blevins

Mr Clarke

Mr DeLaine

Mr Foley

Ms Geraghty

Ms Hurley

Hon. M.D. Rann

Ms Stevens

Mr Quirke (Teller)

 

 

 

                  So it passed in the affirmative

 

                  Bill read a second time.

 

                                                                                      In Committee

                                                                                                Clauses Nos 1 to 5 agreed to.

                                                                                                Clause No. 6 read.

                  Mr Foley moved on page 3, lines 16 and 17 to leave out the words "management of a prison or for the carrying out of any other of the Department's functions" and insert in lieu thereof the words "carrying out of any of the Department's functions other than the management of a prison or the management, control or transport of prisoners".

                  Question put.


                  Committee divided (No. 2):

 

                                                Ayes, 5.

 

                              Hon. F.T. Blevins

                              Mr Clarke

                              Mr DeLaine

                              Mr Quirke

                              Mr Foley (Teller)

                  Noes, 25.

 

Mr Andrew

Hon. M.H. Armitage

Mr Ashenden

Hon. S.J. Baker

Mr Bass

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Ms Greig

Hon. G.M. Gunn

Ms Hall

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon. J.K.G. Oswald

Ms Rosenberg

Mr Rossi

Hon. R.B. Such

Mr Venning

Mr Wade

Hon. W.A. Matthew (Teller)

 

 

 

                              So it passed in the negative.

 

                                                                                                Clause otherwise amended and agreed to.

                                                                                                Clauses Nos 7 to 10 agreed to.

                                                                                                Schedule agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison 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.

 

14       Payroll Tax (Superannuation Benefits and Rates) 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.

 

15       Extension of sitting

                  The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                  Question put and passed.

 

16       Payroll Tax (Superannuation Benefits and Rates) Amendment Bill

                  Debate (interrupted by the foregoing motion) resumed.

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

                 


17        Suspension and resumption of sitting

                  At 10.17 p.m. the sitting of the House was suspended.

                  At 11.36 p.m. the Speaker resumed the Chair.

 

18       Messages from the Legislative Council

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

 

            Southern State Superannuation Bill                                                                                                            Message No. 14

                  MR SPEAKER -  The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide a contributory superannuation scheme for persons employed in the public sector; and for other purposes, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 14 October 1994                                                                                                      H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 2, lines 5 and 6 (clause 3) ‑ Leave out "charge percentage applicable under the Commonwealth Act" and insert "value prescribed by paragraph (b) or (c)".

                  No. 2            Page 2, lines 7 and 8 (clause 3) ‑ Leave out paragraph (b) and insert new paragraphs as follow:­

                                          "(b)  in the case of a member who is not a member referred to in paragraph (a) but who is making contributions under Part 3 Division 3 at a rate of at least 4.5 per cent ‑ the percentage set out in Schedule 2 or the charge percentage applicable under the Commonwealth Act to the employer of the member, whichever is the greater;

                                           (c)    in any other case ‑ the percentage set out in Schedule 1 or the charge percentage applicable under the Commonwealth Act to the employer of the member in relation to whom the term is used, whichever is the greater;".

                  No. 3            Page 4, lines 1 to 3 (clause 3) ‑ Leave out "that provides that the value of the charge percentage will be greater than the value applicable under the Commonwealth Act" and insert "as to the value of the charge percentage".

                  No. 4            Page 10 (clause 22) ‑ After line 34 insert new subclause as follows:­

                                          "(2a) All members of the police force and all police cadets who are members of the scheme are supplementary future service benefit members and are entitled to the highest level of supplementary future service benefits prescribed by the regulations and are obliged to make contributions in respect of those benefits at the corresponding level prescribed by the regulations."

                  No. 5            Page 11, lines l to 3 (clause 22) ‑ Leave out subclause (4).

                  No. 6            Page 11, line 19 (clause 23) ‑ After "member" insert "(other than a member of the police force or a police cadet)".

                  No. 7             Page 11, line 27 (clause 24) ‑ After "member" insert "(other than a member of the police force or a police cadet)".

                  No. 8            Page 12 (clause 25) ‑ After line 8 insert "4.5%".

                  No. 9            Page 12, line 17 (clause 25) ‑ Leave out "5 per cent" and insert "4.5 per cent"

                  No. 10         Page 13 (clause 25) ‑ After line 22 insert new subclause as follows:­

                                          "(11)             A member whose membership of the scheme commences on the commencement of the member's employment will commence making contributions on a date fixed by the Board."

                  No. 11          Page 16, lines 8 and 9 (clause 27) ‑ Leave out "determined by the Board under Part 2 Division 3" and insert "estimated by the Board".

                  No. 12         Page 18, lines 5 to 22 (clause 30) ‑ Leave out definitions of "the employee component" and "the employer component" and insert new definitions as follow:­

                            "'the employee component" in relation to a member means an amount that is equivalent to the greater of the amount standing to the credit of the member's contribution account and the amount that would have stood to the credit of that account if instead of the Board adjusting the balance to reflect a rate of return determined by theBoard the balance had been adjusted to reflect a rate of return equal to movements in the Consumer Price Index plus 4 per cent;

                            "the employer component" in relation to a member means an amount that is equivalent to the greater of the amount standing to the credit of the member's employer contribution account and the amount that would have stood to the credit of that account if the amounts credited to the account had not included an interest component but the balance of the account had been adjusted to reflect a rate of return equal to movements in the Consumer Price Index plus 4 per cent."'

                  No. 13         Page 28, lines 15 and 16 (clause 38) ‑ Leave out ", industrial agreement or contract of employment" and insert "or industrial agreement".

                  No. 14         Page 31 ‑ After line 36 insert new Schedules as follow:­

 

                                                                                        "SCHEDULE 1

 

 

                  Percentage for definition of  Period during which percentage

                              charge percentage                                                                                                                                                              applies

 

 

                                          6                                                                                                                                                                           1 July 1995 to 30 June 1998

                                          7                                                                                                                                                                            1 July 1998 to 30 June 2000

                                          8                                                                                                                                                                           1 July 2000 to 30 June 2002

                                          9                                                                                                                                                                           1 July 2002 onwards.

 

 

                                                                                         SCHEDULE 2

 

 

                  Percentage for definition of  Period during which percentage

                              charge percentage                                                                                                                                                              applies

 

 

                                          9                                                                                                                                                                           1 July 1995 to 30 June 2002

                                          10                                                                                                                                                                        1 July 2002 onwards."

 

 

                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

 

                  The Deputy Premier moved - That the amendments be agreed to.

 

                  To report progress and ask leave to sit again.

                                                                                                                                  ____________

 

                  The House having resumed:

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

                  Ordered - That the Committee have leave to sit again on motion.

 

19       Suspension of Standing Orders

                  The Deputy Premier, without notice, moved - That Standing Orders be so far suspended as to enable the House to sit beyond midnight.

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

 

20       Southern State Superannuation Bill

                  Ordered - That consideration of the Message from the Legislative Council be resumed.

 

                                                                                      In Committee

                  Amendments further considered and agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

            Statutes Amendment (Closure of Superannuation Schemes)

                    Amendment Bill                                                                                                                                                                Message No. 15

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Statutes Amendment (Closure of Superannuation Schemes) Act 1994, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 12 October 1994                                                                                                      H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 1 (clause 1) - After line 12 insert new subclause as follows:-

                                          ‘(2)    The Statutes Amendment (Closure of Superannuation Schemes) Act 1994  is referred to in this Act as “the principal Act”.’

                  No. 2            Page 1, line 14 (clause 2) - Leave out “30 September” and insert “20 October”.

                  No. 3            Page 2, line 33 (clause 3) - Leave out “5 per cent” and insert “4.5 per cent”.

                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

 

                                                                                                                                  ____________

 

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

21       Adjournment

                  House adjourned at 12.06 a.m. until today at  10.30 a.m.

 

 

                                                                                                                                  ____________

 

 


                                                                 MOTIONS WHICH NOTICE WAS GIVEN

 

 

                  For  Thursday 13 October 1994

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

 

                  Mr Cummins to move - That the Regulations made under the Workers Rehabilitation and Compensation Act 1986 relating to Medical Report Fees, gazetted on 26 May 1994 and tabled in this House on 2 August 1994, be disallowed.

 

                    Notices of Motion: Other Motions-

 

                  Mrs Greig to move - That this House congratulates Adelaide Quit Lightning on its outstanding performance in winning the 1994 National Women's Basketball League Premiership.

 

                                                                                                                                  ____________

 

 

                  Present during the day - All Members except Hon. J.W. Olsen and Hon. D.C. Wotton.

 

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

 

                  Division No. 1 -

                              Ayes - Hon. J.W. Olsen.

                              Noes - Mr Atkinson.

 

                  Division No. 2 -

                              Ayes - Hon. M.D. Rann and Mr Atkinson.

                              Noes - Hon. J.W. Olsen and Mr Meier.

 

 

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY