No 16

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 23 OCTOBER 2003

 

 

1       Meeting of House

         The House met pursuant to adjournment. The Speaker (Hon Peter Lewis) took the Chair and read prayers.

 

2       Speaker’s Statement

The Speaker stated that he had received correspondence from the Australian Broadcasting Corporation apologising for a breach of the provisions and arrangements for broadcasting proceedings of the House without the consent of the Chair. 

 

3       Aboriginal Women’s Gathering - Motion re

Mr Brindal, pursuant to notice, moved - That this House notes the statement on the Aboriginal Women’s Gathering made by the Minister for the Status of Women on 25 September 2003.

         Debate ensued.

         Ordered, on motion of Ms Thompson, that the debate be adjourned until Thursday 13 November.

 

4       Postponement of business

Ordered - That Notice of Motion: Other Motions No 2 be postponed until Thursday 27 November.

 

5       Lleyton Hewitt – Davis Cup - Motion re

         Hon D C Kotz, pursuant to notice, moved - That this House congratulates Lleyton Hewitt on his comeback victory against Wimbledon Champion Roger Federer in the recent Davis Cup semi-final to advance Australia to the Davis Cup final against Spain in November 2003.

         Debate ensued.

         Question put and passed.

 

6       Ambulance Service Funding - Motion re

         Mr Caica, pursuant to notice, moved - That this House supports the Government’s funding of the South Australian Ambulance Service to deliver an effective and quality emergency service to the South Australian community.

         Debate ensued.

         Question put and passed.

 

7       Electricity Interconnection with New South Wales - Motion re

         Mr O’Brien, pursuant to notice, moved - That this House congratulates the Government for its tenacity in continuing the fight to get electricity interconnection with New South Wales.

         Debate ensued.

         Ordered, on motion of Hon W A Matthew, that the debate be adjourned until Thursday 13 November.

 

8       Graham Foreman - Motion re

         Mr O’Brien, pursuant to notice, proceeding to move - That this House congratulates the recently retired Chief Executive of DAIS Graham Foreman on his distinguished career and his outstanding contribution to the South Australian Public Service.

 

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It being 1.00 pm, the motion was adjourned (Mr O’Brien, by leave) and made an Order of the Day for Thursday 13 November.

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9        Message from the Governor

The following Message from the Governor was received and read:

 

Statutes Amendment (WorkCover Governance Reform) Bill - Recommending

                                                                                                                         Message No 4

The Governor recommends to the House of Assembly the appropriation of such amounts of money as may be required for the purposes mentioned in the Statutes Amendment (WorkCover Governance Reform) Bill 2003.

Government House, 23 October 2003                     M Jackson-Nelson, GOVERNOR

 

10      Petition No 24

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

 

24   Hon D C Kotz, from 84 electors of South Australia, requesting the House to urge the Government to immediately withdraw the trial of the Sexual Health and Relationship Education Program, developed by SHINE, from all 14 participating schools, pending professional assessment and endorsement.

 

11      Answer to a question

An answer to question on the Notice Paper No 129 was tabled by the Speaker.

 

12      Papers

         The following Papers were tabled:

 

By the Minister for Social Justice (Hon S W Key) –

      Promoting Independence:  Disability Action Plans for South Australia

            Progress Report on Implementation - September 2001

            2nd Progress Report on Implementation - August 2003

 

By the Minister for Tourism (Hon J D Lomax-Smith) –

      Adelaide Entertainment Centre – Report 2002–2003

      South Australian Tourism Commission – Report 2002–2003

 

         By the Minister for Tourism representing the Minister for Mineral Resources Development (Hon P Holloway) –

                        Ministerial Statement – Uranium Mining Industry Erratum

 

By the Minister for Employment, Training and Further Education (Hon J D Lomax-Smith) –

      Construction Industry Training Board – Report 2002-2003.

 

 

13      Public Works Committee – Report – Upper South East Dryland Salinity and Flood Management Program

Mr Caica brought up the 192nd Report of the Committee on the Upper South East Dryland Salinity and Flood Management Program.

Report received.

Ordered to be published (Paper No 186).

 

14      Questions

Questions without notice were asked.

 

15      Grievance debate

On motion of the Speaker, the House noted grievances.

 

16      Next day of sitting

Ordered, on motion of the Minister for Infrastructure (Hon P F Conlon) - That the House at its rising adjourn until Monday 10 November at 2.00 pm.

 

17      Aboriginal Lands Trust – Transfer of Land - Motion re

         The Minister for Transport (Hon M J Wright), pursuant to notice, moved - 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).

         Question put and passed.

 

         Paper

         The following Paper was tabled:

 

         By the Minister for Transport –

               Aboriginal Lands Trust – Transfer of Allotment 21 Plan No DP 58704 – Map.

 

18      Postponement of business

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

 

19      National Electricity (South Australia) (New Penalty) 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.

 

20      Extension of time for adjournment

Ordered, on motion of the Minister for Infrastructure - That the time for moving the adjournment of the House be extended beyond 5.00 pm.

 

21      National Electricity (South Australia) (New Penalty) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

         Proceeded, by leave, to the third reading.

 

         Bill read a third time and passed.

 

22      Message from the Legislative Council

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

 

         Emergency Services Funding (Validation of Levy on Vehicles and Vessels) Bill

Message No 13

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to validate certain administrative acts and payments and to make a related amendment to the Emergency Services Funding Act 1998, without any amendment.

         Legislative Council, 23 October 2003                                R R Roberts, PRESIDENT

 

23      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.

Debate resumed.

 

24      Extension of sitting

Ordered, on motion of the Minister for Education and Children’s Services (Hon P L White) - That the sitting of the House be extended beyond 6.00 pm.

 

25      Education (Materials and Services Charges) Amendment Bill

Debate (interrupted by the foregoing) resumed.

         Question put and passed.

 

         Bill read a second time.

 

In Committee

Clause No 1 agreed to.

Clause No 2 read.

 

         To report progress and ask leave to sit again.

 

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         The House having resumed:

Hon R B Such reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

Ordered - That the Committee have leave to sit again on Monday 10 November.

 

26      Suspension of Standing Orders

The Minister for Transport, without notice, moved - That Standing Orders be so far suspended as to enable the moving of a motion forthwith for the rescission of the vote on Notice of Motion: Government Business No 1.

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

 

         Rescission of Vote

The Minister for Transport then moved - That the vote on Notice of Motion: Government Business No 1 taken in the House today be rescinded.

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

 

         Aboriginal Lands Trust – Transfer of Land - Motion re

         Ordered, on motion of Ms Chapman, that the debate be adjourned until Monday 10 November.

 

 

27      Messages from the Legislative Council

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

 

         Survey (Miscellaneous) Amendment Bill                                                Message No 14

MR SPEAKER - The Legislative Council has passed the Bill transmitted herewith, titled an Act to amend the Survey Act 1992, to which it desires the concurrence of the House of Assembly.

         Legislative Council, 23 October 2003                                  R R Roberts, PRESIDENT

 

         Bill read a first time.

         Ordered - That the second reading be an Order of the Day for Monday 10 November.

 

         University of Adelaide (Miscellaneous) Amendment Bill                        Message No 15

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the University of Adelaide Act 1971, with the amendments indicated by the annexed Schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

         Legislative Council, 23 October 2003                                  R R Roberts, PRESIDENT

 

Schedule of amendments made by the Legislative Council

 

Amendment No 1 —

Clause 12, page 7, lines 8 to 12——

   Delete subclause (1) and substitute:

     (1)     The Council may, by instrument in writing, delegate any of its powers or functions under this Act to the holder of a particular office or position in the University.

Amendment No 2 —

Clause 12, page 7, line 13——

   After "delegated" (first occurring) insert:

   to the Vice-Chancellor

Amendment No 3 —

Clause 12, page 7, lines 15 to 19——

   Delete subclause (3)

Amendment No 4 —

Clause 14, page 8, after line 11——

   Insert:

    (1a)    Section 12(1)(b)—delete "appointed by the Chancellor" and insert:

, three of whom are appointed by the Chancellor and three by the presiding member of the Graduate Association (but at least three members of the selection committee must be graduates of the University),

Amendment No 5 —

Clause 17, page 9, lines 14 to 19——

   Delete subclauses (2) and (3)

Amendment No 6 —

Clause 17, page 9, line 23——

   Delete "Maximum penalty: $20 000 or imprisonment for 4 years."

Amendment No 7 —

Clause 17, page 9, line 36——

   Delete "Maximum penalty: $20 000."

Amendment No 8 —

Clause 17, page 10, line 22——

   Delete "Maximum penalty: $20 000."

Amendment No 9 —

Clause 17, page 10, lines 25 and 26——

   Delete "an associate of the member" and insert:

the member's spouse, or a relative of the member,

Amendment No 10 —

Clause 17, page 10, line 32 to page 11, line 15——

   Delete subclauses (10) and (11) and insert:

    (10)    In this section—

relative of a person means the spouse, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;

spouse includes a putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975).

Amendment No 11 —

Clause 17, page 11, lines 20 to 27——

   Delete subclause (1)

Amendment No 12 —

Clause 17, page 11, lines 29 and 30——

   Delete "(whether or not proceedings have been brought for the offence)"

Amendment No 13 —

Clause 18, page 11, line 37——

   After "sections" insert:

   and substitute:

18—Annual meeting

     (1)     The Council must, within two months of the commencement of each financial year, convene and attend an annual meeting of the University community.

     (2)     The Vice-Chancellor, or in the absence of the Vice-Chancellor, a member of the Council chosen by the Council, must preside at a meeting convened under subsection (1).

     (3)     At least 28 days notice of a meeting under subsection (1) must be given in a manner determined by the Council.

     (4)     The business and procedures of a meeting under subsection (1) will be determined by the Council.

     (5)     In this section—

University community means the Council, members of the academic staff, members of the general staff, graduates and students.

Amendment No 14 —

Schedule, clause 4, page 14, lines 12 to 15——

Delete clause 4 and substitute:

4          On the commencement of section14(4) of this Act, a member of the Council holding office under section12(1)(g) of the principal Act will vacate his or her office, and the Council may, in a manner determined by the Council after consultation with the presiding member of the Students Association of the University, appoint 1 postgraduate student and 1 undergraduate student to the Council.

 

         J M Davis CLERK OF THE LEGISLATIVE COUNCIL

 

Ordered - That consideration of the amendments be an Order of the Day for Monday 10 November.

 

28      Adjournment

House adjourned at 6.12 pm until Monday 10 November at 2.00 pm.

 

 

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MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

 

 

            For Monday 10 November 2003

 

Notice of Motion:  Government Business –

 

The Minister for Infrastructure to move – That Standing Orders be and remain so far suspended as to enable the Report of the Auditor-General to be referred to a Committee of the whole House and for Ministers to be examined on matters contained in the papers in accordance with the following timetable  as distributed –

Tuesday 11 November 2003

Approx.

7:30pm           Attorney-General, Minister for Justice, Minister for Consumer Affairs, Minister for Multicultural Affairs (30 minutes)

8:00pm           Minister for Environment and Conservation, Minister for the River Murray, Minister for the Southern Suburbs, Minister Assisting the Premier in the Arts (30 minutes)

Wednesday 12 November 2003

Approx.

7:30pm           Premier, Minister for Economic Development; Minister for the Arts, Minister for Volunteers (30 minutes)

8.00pm           Minister for Infrastructure, Minister for Energy, Minister for Emergency Services (30 minutes)

8.30pm           Minister for Health, Minister Assisting the Premier in Social Inclusion (30 minutes)

9:00pm           Minister for Education and Children’s Services (30 minutes)

9:30pm           Minister for Social Justice, Minister for Housing, Minister for Youth, Minister for the Status of Women           (30 minutes)

10:00pm          Minister for Transport, Minister for Industrial Relations, Minister for Recreation, Sport and Racing (30 minutes)

10:30pm          Minister for Industry, Trade and Regional Development,  Minister for Small Business, Minister for Local Government, Minister for Forests (30 minutes)

Thursday 13 November 2003

Approx.

4:00pm           Deputy Premier, Treasurer, Minister Assisting the Premier in Economic Development, Minister for Police, Minister for Federal/State Relations  (45 minutes)

4:45pm           Minister for Tourism, Minister for Science & Information Economy, Minister for Employment, Training & Further Education (30 minutes)

5:15pm           Minister for Urban Development and Planning, Minister for Administrative Service, Minister for Gambling (30 minutes).

 

            For Wednesday 12 November 2003

 

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

 

Mr Caica to move That the One Hundred and Ninety Second  Report of the Public Works Committee entitled Upper South East Dryland Salinity and Flood Management Program, be noted.

 

Mr Williams 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.

 

 

 

 

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Present during the day - All Members except the Attorney-General (Hon M J Atkinson) and Mrs Penfold.

 

 

 

 

 

                                                                                                                        Peter Lewis

                                                                                                                        SPEAKER

 

David A Bridges

CLERK OF THE HOUSE OF ASSEMBLY