No 15

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

WEDNESDAY 22 OCTOBER 2003

 

 

1       Meeting of House

The House met pursuant to adjournment.

 

2       Absence of Speaker

The Clerk informed the House of the absence of the Speaker.

Hon R B Such (Chairman of Committees) took the chair as Deputy Speaker.

 

3       Prayers

The Deputy Speaker read prayers.

 

4       Papers

         The following Papers were tabled:

 

By the Premier (Hon M D Rann) –

      Promotion and Grievance Appeals Tribunal – Report of the Presiding Office – Report 2002–2003

 

By the Attorney-General (Hon M J Atkinson) –

      Claims Against the Legal Practitioners Guarantee Fund – Report 2002 – 2003

 

By the Minister for Environment and Conservation (Hon J D Hill) –

      Arid Areas Catchment Water Management Board – Report 2002–2003

      South Australian/Victorian Border Groundwaters Agreement Review Committee – Report 2002–2003.

 

5       Legislative Review Committee - Reports – Fifth and Sixth

 

Fifth Report

Mr Hanna brought up the 5th Report of the Legislative Review Committee.

Report received and read as follows:

 

The Regulations listed hereunder are at present being considered by the Legislative Review Committee. Evidence is being taken on these matters and it is necessary for Notices of Motion for Disallowance to be given in both Houses before the expiration of 14 sitting days to allow the Committee time to complete its deliberations.

 

Honourable Members are warned that after further consideration has been given to the Regulations, the Committee may decide to take no further action.

 

Regulations referred to:

               Native Vegetation Act 1991 – 2003 Regulations

               Subordinate Legislation Act 1978 – Expiry Postponed

               Children’s Services Act 1985 – Revision

               Development Act 1993 – Development Assessment Variation

               Development Act 1993 – 18A Revoked

               Education Act 1972 – School Community Care.

 

Sixth Report

Mr Hanna brought up the 6th Report of the Committee.

Report received.

 

6       Questions

Questions without notice were asked.

 

7       Grievance debate

On motion of the Speaker, the House noted grievances.

 

8       Postponement of business

Ordered, severally - That Notices of Motion: Private Members Bills/Committees/Regulations Nos 2 to 4 be postponed until Wednesday 12 November.

 

9       Gene Testing Services (Public Availability) Bill

Dr McFetridge, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to ensure that certain forms of genetic testing remain reasonably available to members of the public.

Question put and passed.

         Bill presented and read a first time.

 

         Dr McFetridge moved - That this Bill be now read a second time.

Ordered, on motion of Mrs Geraghty, that the debate be adjourned until Wednesday 12 November.

 

10      Environment Protection (Plastic Shopping Bags) Amendment Bill

Mr Hanna, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Environment Protection Act 1993.

Question put and passed.

         Bill presented and read a first time.

 

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

Ordered, on motion of Hon I F Evans, that the debate be adjourned until Wednesday 26 November.

 

11      Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) 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.

Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 26 November.

 

12      Parliamentary Committees (Functions of Economic and Finance Committee) 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.

 

         Hon I F Evans moved – That this Bill be now read a third time.

Debate ensued.

Question put and passed.

 

13      Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 3 be postponed until Wednesday 12 November.

 

14      Environment, Resources and Development Committee – Report – Stormwater Management – Motion to note

         Order of the Day read for the adjourned debate on the motion of Ms Breuer That the Forty-Ninth Report of the Environment, Resource and Development Committee entitled Stormwater Management, be noted.

         Debate resumed.

         Question put and passed.

 

15      Postponement of business

Ordered, separately - That Orders of the Day: Private Members Bills/Committees/Regulations Nos 5 to 7 be postponed until Wednesday 12 November.

 

16      Adelaide Rail Bypass Feasibility – Reference to Economic and Finance Committee Motion re

         Order of the Day read for the adjourned debate on the motion of Mr Venning - That this House calls on the Economic and Finance Committee to examine and make recommendations on the feasibility of the proposal of Maunsell Australia Pty Ltd’s to construct a rail bypass east of Adelaide.

         Debate resumed.

         Ordered, on motion of Mrs Geraghty, that the debate be further adjourned until Wednesday 12 November.

 

17      Economic and Finance Committee – Report – Holdfast Shores Development – Motion to note

         Order of the Day read for the adjourned debate on the motion of Ms Thompson - That the Forty-Fifth Report of the Economic and Finance Committee on Holdfast Shores Development be noted.

         Debate resumed.

         Question put and passed.

 

18      Message from the Legislative Council

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

 

         Statutes Amendment (Anti-Fortification) Bill                                           Message No 11

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith titled an Act to amend the Development Act 1993 and the Summary Offences Act 1953, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 21 October 2003                                              R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1 —

Clause 8, page 4, line 23—

After "has" insert:

, or could have,

 

Amendment No 2 —

Clause 8, page 6, after line 30—

Insert:

              (4)          If disclosure of information included in the affidavit would be in breach of an order of the Court under section 77BB(5), an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the fortification removal order.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

         Ordered - That the amendments be taken into consideration forthwith.

 

In Committee

         Resolved - That the amendments be agreed to.

 

____________

 

         The House having resumed:

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

 

19      Statutes Amendment and Repeal (Aggravated Offences) Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Summary Offences Act 1953 and the Summary Procedure Act 1921; and to repeal the Kidnapping  Act 1960.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

20      Legal Practitioners (Miscellaneous) Amendment Bill

The Attorney-General, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Legal Practitioners Act 1981.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

21      Message from the Legislative Council

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

 

         Aboriginal Lands Parliamentary Standing Committee – Notification of Appointment                                                       Message No 12

MR SPEAKER - The Legislative Council informs the House of Assembly that, pursuant to section 5 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, the Legislative Council has appointed The Hon J M Gazzola, The Hon R D Lawson and The Hon K J Reynolds to act with the Minister for Aboriginal Affairs and Reconciliation (The Hon T G Roberts) as Members of this Council on the Aboriginal Lands Parliamentary Standing Committee.

         Legislative Council, 22 October 2003                                              R R Roberts, PRESIDENT

 

         Aboriginal Lands Parliamentary Standing Committee - Appointment of Members

The Minister for Environment and Conservation (Hon J D Hill) moved - That pursuant to section 5 of the Aboriginal Lands Parliamentary Standing Committee Act 2003, Ms Breuer, Dr McFetridge and Mr O’Brien be appointed to the Aboriginal Lands Parliamentary Standing Committee; and that a message be sent to the Legislative Council informing them of the foregoing resolution.

Debate ensued.

         Ordered, on motion of the Attorney-General, that the debate be adjourned and resumed on motion.

 

22      National Parks and Wildlife (Innamincka Regional Reserve) Amendment Bill

The Minister for Environment and Conservation, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife 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 I F Evans, that the debate be adjourned until tomorrow.

 

23      Occupational Health, Safety, and Welfare (Safework SA) Amendment Bill

The Minister for Industrial Relations (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Occupational Health, Safety and Welfare Act 1986; and to make related amendments to the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

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 I F Evans, that the debate be adjourned until tomorrow.

 

24      Statutes Amendment (WorkCover Governance Reform) Bill

The Minister for Industrial Relations, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the WorkCover Corporation Act 1994 and the Workers Rehabilitation and Compensation Act 1986.

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 I F Evans, that the debate be adjourned until tomorrow.

 

25      Highways (Authorised Transport Infrastructure Projects) Amendment Bill

The Minister for Transport (Hon M J Wright), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Highways Act 1926; and to make a related amendment to the Local Government Act 1999.

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 Brokenshire, that the debate be adjourned until tomorrow.

 

26      Suspension and resumption of sitting

         At 5.58 pm the sitting of the House was suspended.

         At 7.30 pm the Speaker resumed the Chair.

 

27      Postponement of business

Ordered, separately - That Orders of the Day: Government Business Nos 1 and 2 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

28      Summary Offences (Vehicle Immobilisation Devices) 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.

 

 

29      Postponement of business

Ordered - That Order of the Day: Government Business No 4 be postponed and taken into consideration after Order of the Day: Government Business No 5.

 

 

30      Statutes Amendment (Division of Superannuation Interests Under Family Law Act) 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.

 

31      Education (Materials and Services Charges) Amendment Bill

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

 

Ms Chapman, moved – That the debate be further adjourned.

Question put.

         House divided (No 1):

 

           Ayes, 18

 

           Noes, 23

Mr Brindal

Hon M J Atkinson

Mr Brokenshire

Ms Bedford

Hon D C Brown

Ms Breuer

Hon M R Buckby

Mr Caica

Hon I F Evans

Ms Ciccarello

Mr Goldsworthy

Hon K O Foley

Hon G M Gunn

Mrs Geraghty

Mr Hamilton-Smith

Mr Hanna

Hon R G Kerin

Hon J D Hill

Hon D C Kotz

Hon S W Key

Hon W A Matthew

Mr Koutsantonis

Dr McFetridge

Hon J D Lomax-Smith

Mr Meier

Ms Maywald

Mrs Redmond

Mr R J McEwen

Mr Scalzi

Mr O'Brien

Mr Venning

Ms Rankine

Mr Williams

Mr Rau

Ms Chapman (Teller)

Mr Snelling

 

Hon L Stevens

 

Ms Thompson

 

Hon J W Weatherill

 

Hon M J Wright

 

Hon P L White (Teller)

 

         So it passed in the negative.

 

Debate resumed.

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

 

32      Aboriginal Lands Parliamentary Standing Committee - Appointment of Members

Ordered - That the adjourned debate on the motion of the Minister for Environment to appoint Members to the Aboriginal Lands Parliamentary Standing Committee be now resumed.

The Deputy Premier moved to amend the motion by deleting “Mr O’Brien” and inserting “Mr Hanna” -

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

Question – That the motion as amended be agreed to – put and passed.

 

33      Adjournment

The Deputy Premier moved - That the House do now adjourn.

Debate ensued.

 

34      Speaker's Statement – Standing Order 111

The Speaker made a statement regarding the use of Standing Order 111.

 

Question – That the House do now adjourn – put and passed.

House adjourned at 10.16 pm until tomorrow at 10.30 am.

 

 

____________

 

 

MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

            For Thursday 23 October 2003

 

Notice of Motion: Government Business -

 

The Minister for Transport to move – That this House, pursuant to section 16(1) of the Aboriginal  Lands Trust Act 1966, recommends that Allotment 21 in the plan deposited in the Lands Titles Registration Office No. DP  58704 (being a portion of the land comprised in Crown Record Volume 5407 Folio 615) be transferred to the Aboriginal Lands Trust (subject to an easement to the South Australian Water Corporation marked A in the deposited plan and to an easement to ETSA Transmission Corporation marked B in the deposited plan).

 

            For Wednesday 12 November 2003

 

Notices of Motion: Private Members Business Bills/ Committees/ Regulations -

 

Mr Hanna to move – That the Regulations made under the Native Vegetation Act 1991 entitled 2003 Regulations, made on 21 August 2003 and laid on the Table of this House on 16 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Subordinate Legislation Act 1978 entitled Expiry Postponed, made on 28 August 2003 and laid on the Table of this House on 16 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Children’s Services Act 1985 entitled Remake, made on 28 August 2003 and laid on the Table of this House on 16 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Development Act 1993 entitled Developing Assessment Variation, made on 4 September 2003 and laid on the Table of this House on 16 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Development Act 1993 entitled 18A Revoked, made on 4 September 2003 and laid on the Table of this House on 16 September, be disallowed.

 

Mr Hanna to move – That the Regulations made under the Education Act 1972 entitled School Community Care, made on 18 September 2003 and laid on the Table of this House on 18 September, be disallowed.

 

 

            For Thursday 27 November 2003

 

Notice of Motion: Other Motions -

 

Mr Venning to move – That this House recognises the Public Works Committee important role in ensuring Parliamentary accountability of Executive Government in the development and delivery of major capital works proposals and therefore, opposes any move to –

(a)     increase the current $4M project value criteria that necessitates mandatory referral to the Committee; or 

(b)     remove or limit the discretionary power of the Committee to require the referral of certain public works to the Committee.

 

____________

 

 

Present during the day - All Members except Mrs Hall and Mrs Penfold.

 

         The following Pair was handed in at the Table during the days proceedings:

 

         Division No 1 -

               Ayes - Mrs Hall and Mrs Penfold.

               Noes – The Premier (Hon M D Rann) and the Minister for Infrastructure (Hon P F Conlon).

 

 

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY