No. 15

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                       

 

 

                           THURSDAY 9 SEPTEMBER 1993

 

 1    Meeting of House

      The House met pursuant to adjournment.  The Deputy Speaker (Mr Ferguson) took the Chair and read prayers.

 

 2    Postponement of business

      Ordered - That Notices of Motion (Government Business) Nos 1 to 3 be postponed and taken into consideration on motion.

 

 3    Postponement of business

      Ordered - That Order of the Day (Government Business) No. 1 be postponed and taken into consideration on motion.

 

 4    Appropriation Bill

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

      Debate resumed.

      Question put and passed.

 

      Bill read a second time.

      The Deputy Premier (Hon. F.T. Blevins) - That this Bill be referred to Estimates Committees.

      Question put and passed.

 

      Grievance debate

      The Deputy Premier moved - That the House note grievances.

      Debate ensued.

      Ordered, on motion of Mr Such, that the debate be adjourned and resumed on motion.

 

 5    Answer to a question

      An answer to a question without notice was tabled by the Deputy Speaker.

 

 6    Papers

      The following Papers were tabled:

 

      By the Premier (Hon. L.M.F. Arnold) -

      Republic Advisory Committee - Submission by the South Australian Government

 

      By the Treasurer (Hon. F.T. Blevins) -

      South Australian Housing Trust - Financial and Statutory Reports, 1992-93

 


      By the Minister of Housing, Urban Development and Local Government Relations (Hon. G.J. Crafter) -

      Mount Lofty Ranges Management Plan - Response to Report of the Environment, Resources and Development Committee

      Planning Act - Crown Development Report - Department of Marine and Harbors development proposal.

 

 7    Legislative Review Committee

      Mr McKee brought up the Minutes of Evidence given before the Legislative Review Committee on Corporation of Thebarton By-laws 8 - Cats.

      Minutes received.

 

 8    Environment, Resources and Development Committee

      Mr DeLaine brought up the Seventh Report of the Environment, Resources and Development Committee on an Inquiry into the Hindmarsh Island Bridge Project.

      Report received (Paper No. 175).

      Ordered - That consideration of the Report be an Order of the Day for Wednesday 6 October.

 

 9    Questions

      Questions without notice were asked.

 

10    Grievance debate

      The Deputy Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 

11    Next day of sitting

      The Minister of Health, Family and Community Services (Hon. M.J. Evans) moved - That the House at its rising adjourn until Wednesday 6 October 1993 at 2.00 p.m.

      Question put and passed.

 

12    Resumption of business

      Ordered  - That Notices of Motion (Government Business) Nos 1 to 3 be resumed.

 

13    Community Welfare (Children) Amendment Bill

      The Minister of Health, Family and Community Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Community Welfare Act 1972.

      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 Hon. D.C. Wotton, that the debate be adjourned until Wednesday 6 October.

 

14    Statutes Repeal and Amendment (Children's Protection and Young Offenders) Bill

      The Minister of Health, Family and Community Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to make certain repeals and amendments related to restructuring of the juvenile justice and children's protection systems in this State; to enact transitional provisions; 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 Hon. D.C. Wotton, that the debate be adjourned until Wednesday 6 October.

 

 

15    South Australian Health Commission (Medicare Principles) Amendment Bill

      The Minister of Health, Family and Community Services, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the South Australian Health Commission Act 1976.

      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 Hon. D.C. Wotton, that the debate be adjourned until Wednesday 6 October.

 

16    Classification of Publications (Arrangements with Commonwealth) Amendment Bill

      Ordered - That Order of the Day (Government Business) No. 1 be now resumed.

      The Minister of Housing, Urban Development and Local Government Relations moved - That this Bill be now read a second time.

      Ordered, on motion of Mr S.J. Baker, that the debate be adjourned until Wednesday 6 October.

 

17    Appropriation Bill - Grievance debate

      Ordered - That the adjourned debate on the question - That the House note grievances - be now resumed.

      Debate resumed.

      Question put and passed.

      The Deputy Premier moved - That the proposed expenditures for the departments and services contained in the Appropriation Bill be referred to Estimates Committees A and B for examination and report by Wednesday 6 October, in accordance with the timetables as follow:

 

                             ESTIMATES COMMITTEE A

 

 

      Tuesday 14 September at 11.00 a.m.

 

      Premier, Minister of Economic Development, Minister of Multicultural and Ethnic Affairs

 

      Legislative Council

      House of Assembly

      Joint Parliamentary Services

      State Governor's Establishment

      Premier and Cabinet

      Premier and Minister of Economic Development - Other Payments

      Office of Multicultural and Ethnic Affairs

 

      Wednesday 15 September at 11.00am

 

      Deputy Premier, Treasurer, Minister of Mineral Resources

 

      Treasury

      Deputy Premier and Treasurer - Other Payments

      Mines and Energy

 

      Thursday 16 September at 11.00am

 

      Minister of Housing, Urban Development and Local Government Relations, Minister of       Recreation and Sport

 

      Housing and Urban Development

      South Australian Housing Trust

      Minister of Housing, Urban Development and Local Government Relations - Other Payments

 

      Friday 17 September at 9.30am

 

      Minister of Health, Family and Community Services, Minister for the Aged

 

      South Australian Health Commission

      Department for Family and Community Services

 

      Tuesday 21 September at 11.00am

 

      Minister of Environment and Natural Resources, Minister of Emergency Services, Minister of      Aboriginal Affairs

 

      Environment and Land Management

      Minister of Environment and Land Management - Other payments

      Police

      Minister of Emergency Services - Other Payments

      Auditor-General's

      State Aboriginal Affairs

 

      Wednesday 22 September at 11.00am

 

      Minister of Public Infrastructure

 

      Minister of Public Infrastructure - Other Payments

 

      Thursday 23 September at 11.00am

 

      Minister of Business and Regional Development, Minister of Tourism

 

      South Australian Tourism Commission

      Office of Business and Regional Development

      Economic Development Authority

      Minister of Tourism - Other payments

      Minister of Business and Regional Development - Other Payments

      State Services (Program 5 only)

 

                             ESTIMATES COMMITTEE B

 

 

      Tuesday 14 September at 11.00am

 

      Minister of Justice, Attorney-General, Minister of Public Sector Reform, Minister for Crime Prevention, Minister of Correctional Services

 

      Attorney-General's

      Courts Administration Authority

      Electoral

      Correctional Services

      Attorney-General and Minister for Crime Prevention - Other Payments

      Office of Public Sector Reform

 


      Wednesday 15 September at 11.00am

 

      Minister for the Arts and Cultural Heritage, Minister of Consumer Affairs, Minister for the Status of Women

 

      Department for the Arts and Cultural Heritage

      Minister for the Arts and Cultural Heritage and Minister for the Status of Women - Other Payments

      Public and Consumer Affairs

      Minister of Consumer Affairs - Other Payments

 

      Thursday 16 September at 11.00am

 

      Minister of Transport Development

 

      Road Transport

      State Transport Authority

      Marine and Harbors

      Office of Transport Policy and Planning

 

      Tuesday 21 September at 11.00am

 

      Minister of Education, Employment and Training

 

      Children's Services Office

      Education

      Employment and Technical and Further Education

      Minister of Education, Employment and Training - Other Payments

 

      Wednesday 22 September at 11.00am

 

      Minister of Labour Relations and Occupational Health and Safety, Minister of State Services

 

      Labour

      Housing and Construction

      State Services (except Program 5)

      Minister of Labour Relations and Occupational Health and Safety - Other Payments

 

      Thursday 23 September at 11.00am

 

      Minister of Primary Industries, Minister Assisting the Premier on Multicultural and Ethnic Affairs

 

      Primary Industries

      South Australian Research and Development Institute

      Question put and passed.

 

      The Deputy Premier then moved - That Estimates Committee A be appointed consisting of Mr Brindal, Hon. D.C. Brown, Mr Holloway, Hon D.J. Hopgood, Mrs Hutchison and Messrs Lewis and Quirke.

      Question put and passed.

 

      The Deputy Premier then moved - That Estimates Committee B be appointed consisting of Messrs Atkinson and S.J. Baker, Hon. J.C. Bannon and Messrs DeLaine, McKee, Matthew and Meier.

      Question put and passed.

 


18    Messages from the Legislative Council

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

 

      State Bank of South Australia (Preparation for Restructuring)

        Amendment Bill                                            Message No. 17

      MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the State Bank of South Australia Act 1983, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

      Legislative Council, 8 September 1993           G.L. Bruce, PRESIDENT

 

          Schedule of the amendments made by the Legislative Council

      No. 1 Page 1, line 10 (clause 1) - Before “Preparation” insert “Investigator’s Records and”.

      No. 2 Page 1, line 15 (clause 2) - Leave out “This” and insert “Subject to subsection (2), this”.

      No. 3 Page 1 (clause 2) - After line 15 insert new subclause as follows:-

            “(2)  Section 2A of this Act will come into operation on the day on which this Act is assented to by the Governor.”

      No. 4 Page 1 - After line 15 insert new clause as follows:-

            2A. Insertion of s.25A The following section is inserted after section 25 of the principal Act.

            25A. Custody and use of investigator’s records (1) In this section -

            “authorized person” has the same meaning as in section 25;

            “investigation” means an investigation under section 25 conducted either before or after the enactment of this section;

            “investigator” means the person by whom an investigation is or was conducted;

            “investigator’s record”, in relation to an investigation, means -

            (a) evidentiary material produced voluntarily or under compulsion to the investigator or an authorized person in the course, or for the purposes, of the investigation; or

            (b) any record of evidence or submissions made for the purposes of the investigation; or

            (c) any record (including an expert’s report) made or prepared by, or on behalf or at the request of, the investigator or an authorized person for the purposes of the investigation;

               “prosecuting authority” means -

            (a) the Director of Public Prosecutions of the State or the Commonwealth; or

            (b) the Australian Securities Commission; or

            (c) any other authority of the State, another State or a Territory of the Commonwealth, or the Commonwealth that undertakes responsibility for the prosecution of offences.

            (2) Subject to this section, at the conclusion of an investigation, the Attorney-General is entitled to the custody and control of all the investigator’s records to the exclusion of the rights of any other person.

            (3) Despite subsection (2), the investigator retains a right of access to and may make copies of the investigator’s records.

            (4) If a person would, but for subsection (2), have been entitled to possession of a record at the conclusion of the investigation, the record is to be delivered to the person as soon as the Attorney-General is satisfied that there is no need to retain the record for the purpose of any civil or criminal proceedings.

            (5) If an obligation arose, or an undertaking was given, that a particular record or particular information gained in the course of the investigation be kept confidential, the following provisions apply:

               (a) the obligation or undertaking is binding on the Attorney-General;

               (b) the obligation or undertaking does not prevent disclosure of the record or information to -

                   (i) the Crown, its officers or its legal advisers; or

                   (ii)                         a prosecuting authority;

               (c) if such a disclosure is made, the obligation or undertaking becomes binding on the person to whom the disclosure is made.

            (6) No objection may be taken to the use of an investigator’s record or information gained in the course of an investigation for the purposes of, or as evidence in, civil or criminal proceedings merely because of disclosure of the record or information to -(a)      the Crown, its officers or its legal advisers; or

               (b) a prosecuting authority.

            (7) No civil or criminal liability arises from disclosure of an investigator’s record or information gained in the course of an investigation to -

               (a) the Crown, its officers or its legal advisers; or

               (b) a prosecuting authority.

            (8) This section does not affect the operation of section 34(3) of the Public Finance and Audit Act 1987  (relating to the admissibility in criminal proceedings of answers to questions put by an investigator or authorized person) as applied by section 25(7) of this Act.

            (9) This section -

               (a) applies both within and outside the State; and

               (b) applies outside the State to the full extent of the extra-territorial legislative capacity of the Parliament; and

               (c) is to be regarded as part of the substantive law of the State.’

      No. 5 Page 3 (clause 3) - After line 20 insert new subclause as follows:-

            “(3a) The Treasurer may issue -

                 (a) to a person who is engaged on the authorised project; or

                 (b) to a prospective purchaser or an agent of a prospective purchaser authorised by the Treasurer to have access to information under subsection (3),

            a certificate identifying the person as such and any person may be refused access to information to which access is sought under subsection (3) unless the person first produces that certificate for the inspection of an appropriate officer of the Bank or subsidiary of the Bank.”

      No. 6 Page 4, line 19 (clause 3) - After “certified” insert “in the absence of proof to the contrary”.

                       J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

      Ordered - That the Message be taken into consideration forthwith.

 

                                 In Committee

      Resolved - That the amendments of the Legislative Council be agreed to.

                                                      

 

      The House having resumed:

      Mr Holloway reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

     

      Estimates Committee - Leave for Ministers to attend               Message No. 18

      MR SPEAKER - The Legislative Council has given leave to the Attorney-General (The Hon. C.J. Sumner), the Minister of Transport Development (The Hon. B.J. Wiese) and the Minister for the Arts and Cultural Heritage (The Hon. J.A.W. Levy) to attend and give evidence before the Estimates Committees of the House of Assembly on the Appropriation Bill, if they think fit.

      Legislative Council, 8 September 1993           G.L. Bruce, PRESIDENT

 

      Mutual Recognition (South Australia) Amendment Bill               Message No. 19

      MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to adopt the Mutual Recognition Act 1992 of the Commonwealth (and any amendments made to it before this Act commences) and to refer power to the Parliament of the Commonwealth to amend that Act, so as to enable the enactment of legislation applying uniformly throughout Australia for the recognition of regulatory standards adopted in Australia regarding goods and occupations, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

      Legislative Council, 9 September 1993           G.L. Bruce, PRESIDENT

 

          Schedule of the amendments made by the Legislative Council

      No. 1 Page 1, lines 6 to 10 - Long Title - Leave out the Long Title and insert new Long Title as follows:-

            “An Act to enable the recognition of regulatory standards throughout Australia regarding goods and occupations, and for that purpose, to adopt the Mutual Recognition Act 1992 of the Commonwealth (and any amendments made to it before this Act commences) as a law of the State.

      No. 2 Page 1, lines 20 to 29 (clause 3) - Leave out the definition of “participating jurisdiction”.

      No. 3 Page 2, lines 1 to 3 (clause 3) - Leave out subclause (2).

      No. 4 Page 2, lines 8 to 17 (clause 4) - Leave out subclauses (2), (3) and (4) and insert new subclause as follows:-

            “(2)  The adoption under this Act has effect for a period commencing on the day on which this Act commences (but not so as to give effect to any adopted provision before that provision commences under section 2 of the Commonwealth Act) and ending on the fifth anniversary of -

            (a) the day fixed under section 2 of the Commonwealth Act; or

            (b) if more than one day is fixed under that section - the earlier or earliest of those days.”

      No. 5 Page 2, lines 18 to 33 (clause 5) - Leave out the clause.

      No. 6 Page 2, lines 33 to 35 (clause 6) - Leave out the clause.

      No. 7 Page 3, lines 4 to 11 (clause 8) - Leave out the clause.

      No. 8 Page 3 - After line 11 insert new clause as follows:-

            9 “Expiry of Act This Act expires at the end of the period for which the Commonwealth Act is adopted under section 4.”

                       J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

      Ordered - That the Message be taken into consideration forthwith.

 

                                 In Committee

      Resolved - That the amendments of the Legislative Council be agreed to.

                                  __________

      The House having resumed:

      Mr Holloway reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

19    Adjournment

      House adjourned at 5.56 p.m. until 2.00 p.m. on Wednesday 6 October.

 

                                                        

 

Present during the day - All the Members except Hon. N.T. Peterson and Hon. T.H. Hemmings.

 

 

 

 

 

 

                                                      D.M. Ferguson

                                                      DEPUTY SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY