No 15

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 14 NOVEMBER 1996

 

 

1       Meeting of House

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

 

2       Speaker's Statement - Privilege

The Speaker made a statement as follows:

Yesterday the Member for Spence raised as a matter of privilege part of an article in “The Australian” which he said reflected on the impartiality of the chair. I thank him for bringing the article to my attention. It certainly is ironical in the content (as is the whole article) and indicates a somewhat misplaced cynicism about the parliamentary process.

However, I am not convinced that it fits the test of my earlier ruling and even if it did I take the view that it would be beneath the dignity of the House to deal with it. I therefore decline to give the matter precedence.

 

3       Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be a Notice of Motion for Thursday 28 November.

 

4       Summary Offences (Prostitution) Amendment Bill

Mr Leggett, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Summary Offences Act 1953 and to make related amendments to the Crimes (Confiscation of Profits) Act 1986 and the Criminal Law (Sentencing) Act 1988.

Question put and passed.

 

         Bill presented and read a first time.

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

         Ordered, on motion of Mr Brindal, that the debate be adjourned until Thursday 28 November.

 

5       Public Works Committee - Report - Port Road Widening, Phillips Street to Goal Road - Motion to note

Mr Oswald, pursuant to notice, moved - That the the Forty-First Report of the Public Works Committee on the Port Road Widening, Phillips Street to Goal Road be noted.

         Question put and passed.

 

6       Public Sector salaries - Motion re

Mr Quirke, pursuant to notice, moved - That this House requests the Economic and Finance Committee to investigate all public sector salaries of $100 000 or more, regardless of how they are constructed, and the salary fixation methods which underpin these salary determinations

 

         Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 28 November.

 


7       Postponement of business

Ordered - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 5 and 6 be Notices of Motion for Thursday 28 November.

 

8       Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 28 November.

 

9       Public Works Committee -Report - Montague Road Upgrade - Chester Street - Belalie Road Section - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Oswald - That the Fortieth Report of the Public Works Committee on the Montague Road Upgrade, Chester Crescent - Belalie Road Section be noted.

         Debate resumed.

         Question put and passed.

 

10      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 3 and 4 be Orders of the Day for Thursday 28 November.

 

11      Public Works Committee - Report - Hindmarsh Soccer Stadium Upgrade - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Oswald - That the Thirty-Third Report of the Public Works Committee on the Hindmarsh Soccer Stadium Upgrade be noted.

         Debate resumed.

         Ordered, on motion of Mr De Laine, that the debate be further adjourned until Thursday 28 November.

 

12      Social Development Committee - Report - Prostitution - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Leggett - That the Final Report of the Social Development Committee Inquiry into Prostitution be noted.

         Debate resumed.

Mr Brindal moved to amend the motion by adding after the word “noted”  the following:

“and in particular, that all members of the Committee agree on the need for change in the current laws, however, given the divergence of views of the Committee and those expressed in the debates in the House resolves to encourage further community consultation and commends it to the early attention of the 49th Parliament.

Ordered, on motion of Mr Lewis, that the debate be further adjourned until Thursday 25 November.

 

13      Postponement of business

Ordered - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 7 and 8 be postponed and taken into consideration after Order of the Day: Private Members Bills/Committees/Regulations No 9.

 

14      Equal Opportunity (Application of Sexual Harassment Provisions) Amendment Bill

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

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

         Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 28 November.

 

15      Economic and Finance Committee - Report - Boards and Committees - Information     Systems and a Public Register - Motion to note

Order of the Day read for the adjourned debate on the motion of Mr Becker - That the Eighteenth Report of the Economic and Finance Committee on Boards and Committees - Information Systems and a Public Register be noted.

         Debate resumed.

         Question put and passed.

 


16      Select Committee on Petrol Multi Site Franchising - Report -  Motion to note

         Order of the Day read for the adjourned debate on the motion of Mr Caudell - That the Report of                       the Select Committee on Petrol Multi Site Franchising be noted.

         Debate resumed.

         Ordered, on motion of Hon F T Blevins, that the debate be further adjourned until Thursday 28                         November.

 

17      South Australian Export Awards - Almondco Australia - Motion re

Mr Andrew, pursuant to notice, moved - That this House congratulates Riverland based almond processor Almondco Australia Ltd for its recent success in being named Top New Exporter at the 1996 South Australian Export Awards which recognises that company’s commitment to excellence and example to other South Australian exporters.

         Question put and passed.

 

18      Nobel Peace Prize, 1996 - Motion re

Mr Quirke, pursuant to notice, moved - That this House congratulates the joint recipients of the 1996 Nobel Peace Prize, Bishop Carlos Belo and Jose Ramos Horta, recognising the work done to establish a just and lasting peace for East Timor.

         Debate ensued.

         Question put and passed.

 

19      Parks High School - Motion re

Mr De Laine, pursuant to notice, proceeding to move - That this House calls on the Premier to support multiculturalism and Aboriginal reconciliation by -

                        (a) intervening in the Government’s decision to close the Parks High School;

                        (b) visiting the School to see at first hand how it operates; and

                        (c) entering into meaningful discussions with the School community on options they           have developed for the School’s future,

            and to assist in the retention of this excellent multicultural school for the benefit of the multicultural and Aboriginal population of the Parks area.

Ordered, on motion of Mr De Laine, by leave, that the motion be adjourned.

 

20      Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 1 to 6 be postponed and taken into consideration after Order of the Day: Other Motion No 7.

 

21      University of South Australia - International Links -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Scalzi - That this House commends the University of South Australia for establishing the first international university link with the Nursing College in Yan Tai in Shandong Province, Peoples Republic of China and congratulates Professor Fran Sutton and the first fourteen nurses who graduated on 11 September 1996.

         Debate resumed.

         Question put and passed.

 

22      Postponement of business

Ordered - That Orders of the Day: Other Motions Nos 1 to 3 be Orders of the Day for Thursday 28 November.

 

23      Commonwealth State Housing Agreement Motion re

Order of the Day read for the adjourned debate on the motion of Ms Hurley - That this House expresses its grave concern regarding the Commonwealth Government’s interim and long term funding proposals under the Commonwealth State Housing Agreement and the consequent impact on the housing construction sector, market rents and homelessness

Debate resumed.

Question put and negatived.

 


24      Auditor-General - Confidence in - Motion re

Order of the Day read for the adjourned debate on the motion of Hon M D Rann - That this House expresses its confidence in the professionalism, integrity and independence of Mr Ken McPherson in his role as Auditor-General, an independent officer of this Parliament.

Question put and passed.

 

25      Family Summit - Motion re

Order of the Day read for the adjourned debate on the motion of Mr Scalzi - That this House congratulates the Government on its initiative to hold a family summit in November.

Debate resumed.

Question put and passed.

 

26      Parks High School - Motion re

Ordered on motion of Mr De Laine, that the motion be further adjourned and resumed on motion.

 

27      Postponement of business

Ordered - That Notice of Motion: Other Motions No 4 be postponed and taken into consideration after Notice of Motion: Other Motions No 5.

 

28      Greek Macedonian consulate - Motion re

Hon M D Rann, pursuant to notice, moved - That this House calls on the Federal Government to establish a consulate and trade office in the Greek Macedonian city of Thessaloniki.

         Ordered, on motion of Mr Meier, that the debate be adjourned until Thursday 28 November.

 

 

29      Adelaide Airport curfew - Motion re

Mr Atkinson, pursuant to notice, proceeding to move - That this House disagrees with the Minister for Infrastructure’s call for the Federal Government, to reconsider the 11 pm to 6 am curfew at Adelaide Airport and calls on the Federal Parliament to entrench the curfew in statute law.

         Ordered, on motion of Mr Atkinson, that the debate be adjourned until Thursday 28 November.

 

30      Petition No 18

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

 

18   Mr Foley from 51 residents of South Australia, requesting that the House urge the Government to assist in the relocation of C H Clutterham Pty Ltd of Glanville to a non residential site.

 

31      Papers

The Speaker laid on the Table the Annual Report of the Ombudsman, 1995-96

 

Ordered to be printed (Paper No 76).

 

32      Papers

         The following Papers were tabled:

 

By the Deputy Premier (Hon S J Baker) -

      Commissioner for Consumer Affairs - Report, 1995-96

 

By the Minister for Health (Hon M H Armitage) -

      Chiropractors Board of South Australia - Report, 1995-96

      Radiation Protection and Control Act - Report on the Administration, 1995-96

 

By the Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) -

      Local Government Act - Regulations - Superannuation Board

      South Australian Housing Trust - Report, 1995-96.

 

33      Questions

         Questions without notice were asked.

 

34      Grievance debate

         The Speaker proposed - That the House note grievances.

         Debate ensued.

         Question put and passed.

 

35      Next day of sitting

The Minister for Housing, Urban Development and Local Government Relations (Hon E S Ashenden) moved - That the House at its rising adjourn until Tuesday 26 November at 2.00 pm.

 

36      Message from the Legislative Council

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

 

         Local Government (City of Adelaide) Bill                                               Message No 14

MR SPEAKER - the Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the appointment of Commissioners to undertake responsibility for the operations of the Corporation of the City of Adelaide during the period of administration: 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, 13 November 1996                                            H P K Dunn, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

No 1     Page 1, lines 6 to 8 (long title) - Leave out all words in these lines after “Commissioners” in line 6 and insert “ to prepare a report on the future governance, structure, powers and functions of The Corporation of the City of Adelaide; and for other purposes”.

No 2     Page 1, line 14 (clause 1) - Leave out “Local Government (City of Adelaide) Act 1996” and insert “City of Adelaide (Governance Reform) Act 1996”.

No 3     Page 1, line 16 (clause 2) - Leave out “, other than schedule 1,”.

No 4     Page 1, line 18 (clause 2) - Leave out subclause (2).

No 5     Page 1, line 21 (clause 3) - Leave out the definition of “associate”.

No 6     Page 1, lines 25 and 26 (clause 3) - Leave out the definition of “period of administration”.

No 7     Page 1, lines 27 and 28 (clause 3) - Leave out the definition of “relative”.

No 8     Page 2, lines 1 to 3 (clause 3) - Leave out the definitions of “relevant interest” and “spouse”.

No 9     Page 2, lines 4 to 16 (clause 3) - Leave out subclause (2).

No 10    Page 2, lines 17 to 21 (clause 4) - Leave out the clause.

No 11    Page 3, line 2 (Heading) - Leave out this heading and insert “APPOINTMENT OF COMMISSIONERS”.

No 12    Page 3, line 3 (Heading) - Leave out the heading.

No 13    Page 3, lines 4 to 10 (clause 5) - Leave out the clause.

No 14    Page 3, lines 12 to 17 (clause 6) - Leave out subclauses (1) and (2) and insert new subclauses as follow:-

      “(1)  There are to be three Commissioners for the purposes of this Act.

      (2)  Of the three Commissioners -

(a)  one must be a person who has significant knowledge of and experience in urban planning; and

(b)  one must be a person who has significant knowledge of and experience in local government; and

(c)  one must be a person who has significant knowledge of and experience in business.”

No 15    Page 3 (clause 6) - After line 19 insert new subclause as follows:-

“(3a)  At least one Commissioner must be a woman and at least one Commissioner must be a man.”

No 16    Page 3, lines 24 and 25 (Heading) - Leave out the heading.

No 17    Page 4, line 5 (clause 7) - Leave out subclause (4).

No 18    Page 4, line 7 (clause 7) - Leave out “Governor” and insert “Minister after consultation with the City of Adelaide”.

 

No 19    Page 4, lines 8 and 9 (clause 7) - Leave out “paid by the City of Adelaide” and insert “defrayed by the City of Adelaide and the Crown in equal shares”.

No 20    Page 4, line 11 (clause 8) - Leave out “of the City of Adelaide or”.

No 21    Page 4, lines 15 and 16 (clause 8) - Leave out “or the City of Adelaide’s”.

No 22    Page 5, lines 2 to 28 (clause 10) - Leave out the clause.

No 23    Page 5, lines 30 to 45 and page 6, lines 1 to 19 (clause 11) - Leave out the clause.

No 24    Page 6, line 20 (Heading) - Leave out the heading.

No 25    Page 6, line 22 (clause 12) - Leave out “the City of Adelaide” an insert “the Commissioners”.

No 26    Page 6, line 25 (clause 12) - Leave out “of the City of Adelaide” and insert “at a meeting”.

No 27    Page 6, line 27 (clause 12) - Leave out “City of Adelaide” and insert “Commissioners”.

No 28    Page 6, lines 31 to 38 and page 7, line 1 (clause 12) - Leave out subclauses (5) and (6).

No 29    Page 7 (clause 12) - After line 1 insert new subclause as follows:-

“(6a)  A meeting of the Commissioners should be open to the public unless the Commissioners are hearing, considering or determining a representation or matter that, in the opinion of the Commissioners, should be dealt with on a confidential basis.”

No 30    Page 8, lines 1 and 2 (Heading) - Leave out the heading.

No 31    Page 8, lines 3 to 20 (clause 13) - Leave out the clause.

No 32    Page 8, lines 21 to 23 (clause 14) - Leave out the clause.

No 33    Page 8, lines 24 to 33 (clause 15) - Leave out the clause.

No 34    Page 9, line 1 (Heading) - Leave out this heading and insert “PART 3”.

No 35    Page 9, line 5 (clause 16) - After “governance,” insert “structure,”.

No 36    Page 9, line 6 (clause 16) - Leave out “31 March 1998” and insert “31 January 1997”.

No 37    Page 9, lines 10 to 12 (clause 16) - Leave out subclause (4) and insert new subclauses as follow:-

      “(4)  In preparing a report under this section, the Commissioners must take into account -

(a)  the objects of the Local Government Act 1934; and

(b)  the objectives for the governance of the City of Adelaide set out in the schedule.

(5)  The report must specifically address the following issues -

(a)  how the City of Adelaide differs or should differ from other local government areas in the relative prominence that is or should be given to issues of State wide significance; and

(b)  the appropriate boundaries for the City of Adelaide; and

(c)  the appropriate qualifications for enrolment as an elector for the City of Adelaide; and

(d)  how to ensure fair and equitable representation of resident and non-resident ratepayers; and

(e)  the composition of the council.

(6)  The Commissioners should not make recommendations to vary the composition, powers or functions of the City of Adelaide so as to create differences between the City of Adelaide and the other councils in the State except to the extent that is necessary to ensure that issues of general importance to the State may be accorded proper consideration and weight in the governance of the City of Adelaide.

(7)  The Minister must, within three sitting days after receiving the report of the Commissioners under this section, have copies of the report laid before both Houses of Parliament.”

No 38    Page 9, lines 13 to 35 and page 10, lines 1 to 10 (clause 17) - Leave out the clause and insert new clause as follows:-

“Ability to defer 1997 elections

17.  (1)  The Governor may, by proclamation made before 1 March 1997, suspend the periodical elections due to occur under the Local Government Act 1934 on the first Saturday of May in 1997 for the City of Adelaide.

(2)  Subject to the operation of a proclamation made under Part II of the Local Government Act 1934, if a proclamation is made under subsection (1), the same or a subsequent proclamation must fix a day occurring no later than 31 July 1997 for the holding of the suspended periodical elections under the Local Government Act 1934.

(3)  A proclamation under this section may make any other provision that is necessary, desirable or expedient in the circumstances.”

No 39    Page 11, line 1 (Heading) - Leave out “5” and insert “4”.

No 40    Page 11, lines 3 to 8 (clause 18) - Leave out the clause.

No 41    Page 11, lines 9 to 12 (clause 19) - Leave out the clause.

No 42    Page 11, lines 13 to 19 (clause 20) - Leave out the clause.

No 43    Page 11, line 22 (clause 21) - Leave out “30 June 1999” and insert “31 August 1997”.

No 44    Page 11, line 23 (clause 21) - Leave out “30 June 1999” and insert “31 August 1997”.

No 45    Page 12, lines 1 to 42 (Schedule 1) - Leave out the schedule.

No 46    Page 13, lines 1 to 19 (Schedule 2) - Leave out the schedule and insert new schedule as follows:-

SCHEDULE

Objectives for the governance of the City of Adelaide

The new form of governance should enable the City of Adelaide -

(a)  to work in partnership with the State and the Commonwealth on issues of mutual interest including the necessary response to rapid social and economic change, and growing regional markets - in particular the Asian markets for educational and information technology services;

(b)  to enable the City to accommodate strong and desirable growth within the City and the broader community;

(c)  to provide a focus for the cultural, educational, tourist, retail and commercial activities of the State;

(d)  to increase the residential population of the City and to provide for residential involvement in the governance of the City in an appropriate balance with broader interests;

(e)  to achieve appropriate planning and development of the City which complements the planning and development of surrounding areas;

(f)   to address social and environmental concerns;

(g)  to give appropriate effect to the Adelaide 21 report.”

No 47    Page 14, lines 1 to 16 (Schedule 3) - Leave out the schedule.

J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

 

         Resolved - That the amendments be disagreed to.

____________

 

         The House having resumed:

Mr Bass reported that the Committee had considered the amendments referred to it and had disagreed to same.

 

37      Irrigation (Conversion to Private Irrigation District) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 


38      Animal and Plant Control (Agriculture Protection and Other Purposes)(Interim Control Boards) Amendment Bill

Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

Debate ensued.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

39      Messages from the Legislative Council

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

 

         Local Government (City of Adelaide) Bill                                               Message No 15

MR SPEAKER - the Legislative Council insists on its amendments in the Local Government (City of Adelaide) Bill to which the House of Assembly has agreed. The Bill is returned herewith.

         Legislative Council, 14 November 1996                                            H P K Dunn, PRESIDENT

 

         Ordered - That the Message be taken into consideration forthwith.

 

In Committee

         Resolved - That the disagreement to the amendments be insisted on.

____________

 

         The House having resumed:

Mr Becker reported that the Committee had considered the Message referred to it and had insisted on its disagreement to the amendments.

 

Conference - Local Government (City of Adelaide) Bill

The Minister for Housing, Urban Development and Local Government Relations moved - That a Message be sent to the Legislative Council requesting that a Conference be granted to this House respecting certain amendments of the Legislative Council in the Local Government (City of Adelaide) Bill and that the Legislative Council be informed that, in the event of such a Conference being agreed to, this House will be represented at such Conference by five Managers; and that Mr Condous, Ms Hurley, Mr Quirke and Mr Scalzi and the mover be Managers of the Conference on the part of this House.

Question put and passed.

 

         Racial Vilification Bill                                                                             Message No 16

MR SPEAKER - The Legislative Council has, in reply to Message No 20 from the House of Assembly, agreed to grant a Conference on the Racial Vilification Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 9.00 am on Friday, 15 November 1996, to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 14 November 1996                                            H P K Dunn, PRESIDENT

 

Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

        
         Local Government (City of Adelaide) Bill                                               Message No 17

MR SPEAKER - The Legislative Council has, in reply to Message No 28 from the House of Assembly, agreed to grant a Conference on the Local Government (City of Adelaide) Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 8.30 am on Thursday, 21 November 1996, to receive the Managers on behalf of the House of Assembly, at the Plaza Room on the first floor of the Legislative Council.

         Legislative Council, 14 November 1996                                            H P K Dunn, PRESIDENT

 

         Ordered - That a Message be sent to the Legislative Council agreeing to the time and place                            appointed by the Council.

 

41      Adjournment

         House adjourned at 5.37 until Tuesday 26 November at 2.00 pm.

 

____________

 

 

MOTION OF WHICH NOTICE WAS GIVEN

 

 

               For Thursday 28 November 1996

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

 

Ms Hurley to move -That the regulations made under the South Australian Housing Trust Act 1936 relating to water rates, gazetted on 1 August 1996 and laid on the table of this House on 1 october 1996, be disallowed.

 

____________

 

 

         Present during the day - All Members.

 

 

 

 

 

                                                                                                            G M Gunn

                                                                                                            SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY