No 15

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 16 NOVEMBER 1995

 

 

1    Meeting of House

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

 

2    Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 1 be a Notice of Motion for Thursday 30 November.

 

3    Public Works Committee - Report -  Burra to Morgan Road Upgrade - Motion to note

Mr Ashenden, pursuant to notice, moved - That the Sixteenth Report of the Public Works Committee on the Burra to Morgan Road Upgrade, be noted.

     Debate ensued.

     Question put and passed.

 

4    Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 23 November.

 

5    Barossa Music Festival - Motion re

Mr Venning, pursuant to notice, moved - That this House notes the outstanding success of the 5th International Barossa Music Festival and how it attracted visitors from interstate and overseas and became a cultural, tourist focal point for South Australia.

     Question put and passed.

 

6    Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be a Notice of Motion for Thursday 23 November.

 

7    Women’s Hockey Champions - Motion re

Mr Venning, pursuant to notice, moved - That this House congratulates the South Australian Diet Coke Suns on their outstanding achievement in winning the grand final of the Women’s Hockey National League Six Series on Sunday 22 October at the Pines stadium and notes it has been 25 years since South Australia has won the title and 75 years since the State won it outright.

     Debate ensued.

     Question put and passed.

 


8    Children, Office of Commissioner for  - Motion re

Mrs Greig, pursuant to notice, moved - That this House requests the Federal Government to establish an Independent Office of Commissioner for Children as per the Action for Children Policy Statement and the March 1994 discussion paper.

     Question put and passed.

 

9    Postponement of business

Ordered - That Orders of the Day: Other Motions be postponed and taken into consideration after Notices of Motion: Other Motions are disposed of.

 

10   Health Complaints Unit - Motion re

Ms Stevens, pursuant to notice, moved - That this House requires the Minister for Health to establish forthwith an Independent Health Complaints Unit in accordance with his obligations under the Medicare Agreement.

Ordered, on motion of Mr Bass, that the debate be adjourned until Thursday 23 November.

 

11   Speaker's Statement - Reflection on the Chair by the Member for Ross Smith

The Speaker made a statement as follows:

 

An article which appeared in The Transcontinental newspaper of 15 November 1995 has been brought to my attention.

In this article the Deputy Leader of the Opposition has made a number of grossly inaccurate and misleading comments in relation to me, and my role as Speaker.

I quote from the article:

   “The people of the electorate of Grey are not getting enough out of their elected member, Mr Graham Gunn, it was claimed in Port Augusta last week.

   Deputy State Opposition leader Mr Ralph Clarke said last Wednesday, during a three-day trip to the Upper Spencer Gulf, that Mr Gunn had “fallen in love with his wig and other regalia of the speaker’s office”.

   He said Mr Gunn had forgotten the reason he became speaker was because he was representing the people of Grey. He also questioned Mr Gunn’s contribution in Parliament, saying he should speak out more on issues about Port Augusta.

   “We have not heard one word about Port Augusta since he became speaker,” he said.

The Honourable Member has gone far beyond what is acceptable and has reflected on me as Speaker and on the dignity of the House and impartiality of the Chair. Our system only operates effectively if there is respect for the Chair by all Members.

To quote from Erskine May “Reflections upon the character or actions of the Speaker may be punished as breaches of privilege”.

This unprecedented attack brings the whole parliamentary institution into disrepute and as Speaker I do not intend tolerating this behaviour.

During my time as Speaker, I have been tolerant with all Members because I have endeavoured to ensure all Members had the opportunity to carry out their parliamentary duties.

This outrageous attack must be dealt with by the House in a manner to preserve the dignity of the House and ensure that there is no repeat by any Member of this type of behaviour.

Does the Honourable Member have any explanation for his conduct?

 

Member's explanation

The Honourable Member having made an explanation.

 

Member named

The Speaker named the Member for Ross Smith.

The Honourable Member having made a further explanation.

Mr Atkinson moved - That the explanation of the Member for Ross Smith be accepted.

Debate ensued.

Question put.

 


House divided (No 1):

 


      Ayes, 11.

 

Hon F T Blevins

Mr Clarke

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


   Noes, 33.

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Mr Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


 

     So it passed in the negative.

 

The Member for Ross Smith then withdrew from the Chamber.

 

Member suspended

The Deputy Premier (Hon S J Baker) moved - That the Member for Ross Smith be suspended from the service of the House.

Question put.

 


House divided (No 2)

 


      Ayes, 33

 

Hon H Allison

Mr Andrew

Hon M H Armitage

Mr Ashenden

Mr Bass

Mr Becker

Mr Brindal

Mr Brokenshire

Mr Buckby

Mr Caudell

Mr Condous

Mr Cummins

Mr Evans

Mrs Greig

Mrs Hall

Hon G A Ingerson

Mr Kerin

Mrs Kotz

Mr Leggett

Mr Lewis

Hon W A Matthew

Mr Meier

Hon J W Olsen

Hon J K G Oswald

Mrs Penfold

Mrs Rosenberg

Mr Rossi

Mr Scalzi

Hon R B Such

Mr Venning

Mr Wade

Hon D C Wotton

Hon S J Baker (Teller)


   Noes, 10.

 

Hon F T Blevins

Mr De Laine

Mr Foley

Mrs Geraghty

Ms Hurley

Mr Quirke

Hon M D Rann

Ms Stevens

Ms White

Mr Atkinson (Teller)


 

     So it was resolved in the affirmative.

 

12   Petitions Nos 49 and 50

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

 

49 Mr Clarke, from 15 residents of South Australia, requesting that the House urge the Government to retain public ownership, control and operation of the water supply and the collection and treatment of sewerage.

 

50 Mr Lewis, from 119 residents of South Australia, requesting that the House urge the Government to oppose fees or levies proposed for the planned Upper South East Land Drainage Scheme.

 

13   Papers

The following Papers were tabled:

 

By the Minister for Industry, Manufacturing, Small Business and Regional Development
(Hon J W Olsen) -

Carrick Hill Trust - Report, 1994-95

Ministerial Statement - Report into the Grounding of  MV “Superflyte”

 

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

Statutory Authorities Review Committee - 3rd Interim Report on the Review of the Electricity Trust of South Australia - Response by Minister for Health and Minister for Aboriginal Affairs

 


By the Minister for the Environment and Natural Resources (Hon D C Wotton) -

Environment Protection Authority - Report, 1994-95.

 

14   Environment, Resources and Development Committee - Report - Amendments to the Development Plan

Mrs Kotz brought up the Sixth Report of the Committee on amendments to the Development Plan.

     Report received.

 

15   Questions

     Questions without notice were asked.

 

16   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

17   South Australian Multicultural and Ethnic Affairs Commission (Constitution of Commission) Amendment Bill

The Premier (Hon D C Brown), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the South Australian Multicultural and Ethnic Affairs Commission Act 1980.

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 Ms Hurley, that the debate be adjourned until Tuesday 21 November.

 

18   Dog Fence (Special Rate, etc) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations (Hon J K G Oswald) representing the Minister for Primary Industries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Dog Fence Act 1946.

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 Ms Hurley, that the debate be adjourned until Tuesday 21 November.

 

19   South Eastern Water Conservation and Drainage (Miscellaneous) Amendment Bill

The Minister for Housing, Urban Development and Local Government Relations representing the Minister for Primary Industries, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the South Eastern Water Conservation and Drainage Act 1992.

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 Ms Hurley, that the debate be adjourned until Tuesday 21 November.

 

20   Local Government (Boundary Reform) Amendment Bill

     Order of the Day read for the further consideration in Committee of this Bill.

 

In Committee

                        Clause No 10 further considered.

     Ms Hurley moved on page 5, lines 22 to 24 to leave out these lines.

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

     Ms Hurley moved on page 5, after line 29 to insert a new paragraph as follows:

        (ca)  alter the boundaries of a council area;.

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

Ms Hurley moved on page 6, line 11 to leave out the word “four” and insert in lieu thereof the word “three”.

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

Ms Hurley moved on page 6, line 12 to leave out the words ”selected from a panel of eight persons”.

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

     Ms Hurley moved on page 6, after line 13 to insert a new subparagraph as follows:

        (iii) one being a person nominated by the United Trades and Labor Council: and.

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

Ms Hurley moved on page 9, line 20 to leave out the words “establish and publish criteria” and insert in lieu thereof the words “recommend criteria, to be prescribed by regulation,”.

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

     Ms Hurley moved on page 10, lines 1 to 3 to leave out these lines.

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

     Ms Hurley moved on page 11, line 10 to leave out this line.

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

     Ms Hurley moved on page 12, after line 17 to insert a new subsection as follows:

        (2A)  At least one member of each committee established under subsection (2) must be a person nominated by the Local Government Association of South Australia.

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

Ms Hurley moved on page 16, line 20 to leave out the figure “50” and insert in lieu thereof the figure “40”.

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

     Ms Hurley moved on page 17, after line 16 to insert a new word and paragraph as follows:

        or

        (c)   consult with the councils affected by the proposal to which the report relates.

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

     Ms Hurley moved on page 18, after line 9 to insert new sections as follow:

        Draft proposals

           22AB. (1) Councils may submit to the Board a draft or outline of a proposal for the making of a proclamation under this Part.

          

           (2) If a proposal is submitted under section (1), the Board must undertake a preliminary assessment of the proposal and then provide advice to the relevant councils about the extent to which the proposal is consistent with the criteria and principles that apply under this Part, about action that could (in the opinion of the Board) be taken to improve the proposal (if appropriate) and about other matters determined by the Board to be relevant.

 

        Report if council proposal rejected

           22AC. If a proposal submitted by councils under Subdivision 6 (or an alternative proposal agreed to by the relevant councils in consultation with the Minister) does not proceed to a proclamation under this Part after completion of all relevant procedures under this Part, the Minister must prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.

 

        Report if Board proposal submitted to poll

           22AD. If a proposal formulated by the Board under Subdivision 7 is submitted to a poll under that subdivision, the Minister must, after the completion of the poll and after receiving advice from the Board, prepare a report on -

           (a)   the outcome of the poll; and

           (b)   the action that the Board has taken, or proposes to take, on account of the outcome of the poll,

           and cause copies of the report to be laid before both Houses of Parliament.


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

                        Clause otherwise amended and agreed to.

                        Clauses Nos 11 to 16 agreed to.

                        Clause No 17 amended and agreed to.

                        Clauses Nos 18 to 21 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 amendments.

 

Bill read a third time and passed.

 

21   Messages from the Legislative Council

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

 

Criminal Law Consolidation (Mental Impairment) Amendment Bill       Message No 27

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Criminal Law Consolidation Act 1936 and to repeal the Mental Health (Supplementary Provisions) Act 1935, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 16 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be an Order of the Day for Tuesday 21 November.

 

Security and Investigation Agents Bill                  Message No 28

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate security and investigation agents; to repeal the Commercial and Private Agents Act 1986; and for other purposes, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 16 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be an Order of the Day for Tuesday 21 November.

 

Building Work Contractors Bill                          Message No 29

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate building work contractors and the supervision of building work; to repeal the Builders Licensing Act 1986; to make consequential amendments to the District Court Act 1991 and the Magistrates Court Act 1991; and for other purposes, to which it desires the concurrence of the House of Assembly.

     Legislative Council, 16 November 1995             H P K Dunn, PRESIDENT

 

     Bill read a first time.

     Ordered - That the second reading be an Order of the Day for Tuesday 21 November.

 

22   Adjournment

     House adjourned at 5.55 pm until Tuesday 21 November at 2.00 pm.

 


____________

 

 

     Present during the day - All Members.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY