No 18

 

VOTES AND PROCEEDINGS

 

OF THE

 

HOUSE OF ASSEMBLY

 

____________

 

 

THURSDAY 23 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 Notices of Motion: Private Members Bills/Committees/Regulations Nos 1 and 2 be Notices of Motion for Thursday next.

 

3    Postponement of business

Ordered - That Notice of Motion: Private Members Bills/Committees/Regulations No 3 be postponed and taken into consideration after Notice of Motion: Private Members Bills/Committees/Regulations No 4.

 

4    Public Works Committee - Report - Wirrina Resort Development - Second Report: Provision of Water Supply and Effluent Treatment Infrastructure - Motion to note

Mr Ashenden, pursuant to notice, moved - That the Seventeenth Report of the Public Works Committee on the Wirrina Resort Development - Second Report: Provision of Water Supply and Effluent Treatment Infrastructure, be noted.

     Debate ensued.

     Question put and passed.

 

5    Environment, Resources and Development Committee - Report - Sellicks Hill Quarry Cave - Motion to note

Mrs Kotz, pursuant to notice, moved - That the Eighteenth Report of the Environment, Resources and Development Committee on the Sellicks Hill Quarry Cave, be noted.

     Debate ensued.

     Question put and passed.

 

6    Postponement of business

Ordered - That Order of the Day: Private Members Bills/Committees/Regulations No 1 be an Order of the Day for Thursday 8 February 1996.

 

7    Postponement of business

Ordered - That Notice of Motion: Other Motions No 1 be a Notice of Motion for Thursday next.

 


8    Grand Prix 1995 - Motion re

Mrs Greig, pursuant to notice, moved - That this House congratulates the Adelaide Grand Prix Board, organisers and officials, the Adelaide traders, CAMS, the taxi drivers, volunteers and residents for their efforts in making the EDS 1995 Australian Formula 1 Grand Prix the grand finale event that will be remembered through out motor racing history.

Debate ensued.

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

 

9    Postponement of business

Ordered - That Order of the Day: Other Motions No 1 be an Order of the Day for Thursday next.

 

10   ALP Conference -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Brokenshire - That this House condemns the Australian Labor Party for locking out a political journalist from the Australian Labor Party’s annual conference because he was not a member of a union.

Debate resumed.

Ordered, on motion of Mr Bass, that the debate be further adjourned until Thursday next.

 

11   Postponement of business

Ordered - That Order of the Day: Other Motions No 3 be an Order of the Day for Thursday 30 November.

 

12   Private Health Insurance - Motion re

Order of the Day read for the adjourned debate on the motion of Mrs Rosenberg - That this House condemns the Federal Government, and in particular the Minister for Human Services and Health, for lack of action to curb the massive movement away from participation in private health insurance and the consequent pressure on the public health system this is causing, and further this House urges the Federal Government to look at all steps available to it to attract people back into private health insurance.

Debate resumed.

Question put and passed.

 

13   Postponement of business

Ordered - That Order of the Day: Other Motions No 5 be an Order of the Day for Thursday next.

 

14   Departmental Toll Free Telephone Numbers -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Lewis - That this House urges all Ministers to direct all departments and agencies established by statute to install a toll free telephone number to provide STD callers equal access to services provided by those agencies to their departments.

Debate resumed.

Ordered, on motion of Mr Bass, that the debate be further adjourned until Thursday next.


15   Education Resources Cuts -  Motion re

Order of the Day read for the adjourned debate on the motion of Mr Clarke - That this House condemns -

(a)   the way in which the Minister for Education and Children’s Services has broken the Government’s election promises on education and embarked on a policy of cutting resources for education in South Australia;

(b)   the reduction of 790 teachers and 276 ancillary staff between 30 June 1994 and 31 January 1995;

(c)   the Minister’s decision to cut a further 250 school service officer full time equivalents from January 1996 that will result in up to 500 support staff being cut from essential support work in schools; and

(d)   the Minister’s decision to cut a further 100 teachers from areas including the open access college, special interest schools and Aboriginal schools.

Debate resumed.

Ordered, on motion of Mrs Hall, that the debate be further adjourned until Thursday next.

 

16   Postponement of business

Ordered - That Order of the Day: Other Motions No 8  be an Order of the Day for Thursday next.

 

17   ABC Current Affairs Programming -  Motion re

     Order of the Day read for the consideration of Message No 16 from the Legislative Council.

     Mr Cummins moved - That the resolution of the Legislative Council contained in Message No 16 -       That -

     I  the Legislative Council expresses its concern about the impact of the cessation of local production                                            of the 7.30 Report and other local Current Affairs programmes on the depth and diversity of                current affairs coverage in South Australia;

     II the Legislative Council calls on the Board of the Australian Broadcasting Corporation to ensure                                             that the ABC does not centralise the presentation and production of daily ABC Current Affairs
        programmes in Melbourne and Sydney;

     III   the Legislative Council calls on the Board of the ABC to reverse its decision to cease local                                                       production of the 7.30 Report; and

     IV a Message be sent to the House of Assembly transmitting the foregoing Resolution and requesting                                                  its concurrence thereto, and that the foregoing resolution be referred to the ABC Board and the           Federal Communications Minister, Michael Lee, for their consideration:

     be agreed to.

Debate ensued.

Question put and passed.

 

18   Message from the Governor

The following Message from the Governor was received and read:

 

National Parks and Wildlife (Miscellaneous) Amendment Bill -

   Recommending                                         Message No 7

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 National Parks and Wildlife (Miscellaneous) Amendment Bill 1995.

Government House, 23 November 1995                R F Mitchell, GOVERNOR

 

19   Petitions No 55 and 56

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

 

55 Hon M D Rann, from 12 667 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.

 

56 Hon M D Rann, from 38 residents of South Australia, requesting that the House urge the Government not to force local government amalgamations without further consulting residents.


20   Papers

The following Papers were tabled:

 

By the Deputy Premier (Hon S J Baker) -

   Commissioner for Consumer Affairs - Report, 1994-95

 

By the Treasurer (Hon S J Baker) -

   Friendly Societies Act - Lifeplan - Manchester Unity - General laws

 

By the Minister for Industrial Affairs (Hon G A Ingerson) -

   WorkCover Corporation of South Australian -

         Medical Services Statistical Supplement, 1994-95

         Statistical Review, 1994-95

         Report, 1994-95

 

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

   Abortions Notified in South Australia - Committee Appointed to Examine and Report on - Report, 1994-95

 

By the Minister for Emergency Services (Hon W A Matthew) -

   St John Ambulance Service Inc - Report, 1994-95

   State Emergency Service - Report, 1994-95.

 

21   Questions

Questions without notice were asked.

 

22   Grievance debate

     The Speaker proposed - That the House note grievances.

     Debate ensued.

     Question put and passed.

 

23   National Parks and Wildlife (Miscellaneous) Bill

The Deputy Premier representing the Minister for Environment and Natural Resources, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the National Parks and Wildlife Act 1972 and to make consequential amendment to the Wilderness Protection 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 White, that the debate be adjourned until Tuesday next.

 

24   Criminal Law Consolidation (Mental Impairment) 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.

 


25   Security and Investigation Agents 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.

 

In Committee

                        Clauses Nos 1 to 19 agreed to.

                        Clause No 20 amended and agreed to.

                        Clauses Nos 21 to 28 agreed to.

                        Schedule I agreed to.

                        Schedule 2 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 an amendment.

 

Bill read a third time and passed.

 

26   Building Work Contractors 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.

 

 

27   Messages from the Legislative Council

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

 

Opal Mining Bill                                        Message No 35

MR SPEAKER -  The Legislative Council has passed the Bill transmitted herewith, titled an Act to regulate prospecting and mining for opals and other precious stones; and to make related amendments to the Mining 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, 22 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the amendments made by the Legislative Council

No 1  Page 11 (clause 13) - After line 24 insert new subclauses as follow:-

      “(1a)  A major working area identified under subsection (1) must include a buffer zone around all extensively worked areas within the major working area (as determined according to circumstances in existence at the time that the regulation establishing the major working area is made).

   (1b)  The buffer zone under subsection (1a) must (at the time that the buffer zone is established) be at least 500 metres wide at any particular point.”

No 2  Page 11, line 35 (clause 13) - Leave out “precious stones claim” and insert “tenement”.

No 3  Page 21, line 24 (clause 29) - Leave out “14 days” and insert “28 days”.

No 4  Page 21, line 27 (clause 29) - Leave out “14 days” and insert “28 days”.

No 5  Page 21, line 30 (clause 29) - Leave out “14 days” and insert “28 days”.

No 6  Page 21, lines 31 and 32 (clause 29) - Leave out all words in these lines after “goods” in line 31.

No 7  Page 21 (clause 29) - After line 32 insert new subclauses as follow:-

   “(3a) The Chief Inspector must, within seven days after taking possession of machinery or goods under this section -

(a)   give notice of his or her actions to any person who has, to the knowledge of the Chief Inspector, an interest in the machinery or goods and whose address is known to the Chief Inspector; and

(b)   publish notice of the taking of possession of the machinery or goods in a newspaper circulating within the local area.

      (3b)  A notice must be in a form approved by the Director for the purposes of this section.

(3c)  A person who is entitled to possession of the machinery or goods may reclaim them by paying to the Chief Inspector the reasonable costs associated with the Chief Inspector taking possession of the machinery or goods and storing them.

   (3d)  If the machinery or goods are not reclaimed under subsection (3c) within 28 days after publication of the notice under subsection (3a)(b), the Chief Inspector may sell or dispose of them as the Chief Inspector thinks fit.”

No 8  Page 21, line 35 (clause 29) - After “possession” insert “, storing”.

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendments be agreed to.

 

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

Superannuation (Contracting Out) Amendment Bill         Message No 36

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Superannuation Act 1988, with the amendment indicated by the annexed Schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly.

     Legislative Council, 22 November 1995             H P K Dunn, PRESIDENT

 

Schedule of the amendment made by the Legislative Council

Page 5, lines 1 to 7 (clause 9) - Leave out subsection (4) and insert the following subsections:-

   “(4)  Where a contributor has made, or is taken to have made, an election under subsection (1)(a),  section 39 applies to, and in relation to, the contributor except that (subject to subsection (4a)) -

(a)   section 39(5) (instead of section 39(2)) applies to, and in relation to, a contributor whose contribution period is less than 120 months; and

(b)   the contributor is not entitled to require the Board to commence paying a retirement pension under section 39(5)(a),  and the Board must not commence paying such a pension under that provision, until the contributor has reached the age of 55 years and has ceased employment with the private sector employer.

   (4a)  A contributor who has made, or is taken to have made, an election under subsection (1)(a)  and whose contribution period is less than 120 months may inform the Board in writing within one month after resigning that section 39(2) and not section 39(5) is to apply to, and in relation to, the contributor and in that case -


   (a)   section 39(2) applies to, and in relation to, the contributor; but

(b)   the contributor is not entitled to require the Board to make a superannuation payment under section 39(2)(a) and the Board must not make a superannuation payment under that provision until the contributor has reached the age of 55 years and has ceased employment with the private sector employer.

   (4b)  If the Board is of the opinion that the limitation period referred to in subsection (4a) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.”

                                    J M Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

In Committee

 

     Resolved - That the amendment be agreed to.

 

____________

 

     The House having resumed:

Hon H Allison reported that the Committee had considered the amendment referred to it and had agreed to the same without amendment.

 

Housing Co-operatives (Housing Associations) Amendment Bill         Message No 37

MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Housing Co-operatives Act 1991, without any amendment.

     Legislative Council, 23 November 1995             H P K Dunn, PRESIDENT

 

28   Adjournment

     House adjourned at 4.36 pm until Tuesday 28 November at 2.00 pm.

 

____________

 

 

     Present during the day - All Members except Mr Atkinson (on leave), Mr Clarke and Hon D C Wotton.

 

 

 

 

 

                                                      G M Gunn

                                                      SPEAKER

 

G D Mitchell

CLERK OF THE HOUSE OF ASSEMBLY