No. 18

 

                     VOTES AND PROCEEDINGS

 

                            OF THE

 

                       HOUSE OF ASSEMBLY

 

 

                                                       

 

 

                            TUESDAY 12 OCTOBER 1993

 

 1    Meeting of House

      The House met pursuant to adjournment.  The Speaker (Hon. N.T. Peterson) took the Chair and read prayers.

 

 2    Petitions Nos 46 to 52

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

 

      46 Mr Becker from 49 residents of South Australia, requesting that the House urge the Government    to re-introduce capital punishment for crimes of homicide.

 

      47 and 48 Mr Becker and Mr Lewis from 89 residents of South Australia, requesting that the House urge the Government to allow the electors to pass judgement on the losses of the State Bank by calling a general election.

    

      49 and 50 Mr Brindal and Mr Oswald from 116 residents of South Australia, requesting that the House urge the Government to retain the current ownership and funding of the Focus 2000 Newspaper for South Australian Housing Trust tenants.

 

      51 Mr Brindal from 45 residents of South Australia, requesting that the House urge the Government not to extend permanent retail trading hours.

 

      52 Mr Lewis from 510 residents of South Australia, requesting that the House urge the Government to call on the Federal Government to abandon the increase in tax on leaded petrol.

 

 3    Answers to questions

      Answers to questions on the Notice Paper Nos 73 and 127 were tabled by the Speaker.

 

 4    Paper

      The Speaker tabled the Joint Parliamentary Service Committee - Report, 1992-93.

 

 5    Papers

      The following Papers were tabled:

 

      By the Minister of Housing, Urban Development and Local Government Relations       (Hon. G.J. Crafter) -

      Summary Procedure Act - Regulations - Industrial Offences Exemptions


      Corporation of Enfield - By-laws -

        No. 1 - Traffic

        No. 2 - Load Limit

        No. 3 - Streets and Public Places

        No. 4 - Waste Management

        No. 5 - Flammable Undergrowth

        No. 6 - Caravans, Vehicles and Tents

        No. 7 - Parklands

        No. 8 - Animals and Birds

        No. 9 - Bees

        No.10 - Dogs

        No.11 - Permits and Penalties

        No.12 - Moveable Signs

        No.13 - Repeal of By-laws

 

      By the Minister of Environment and Natural Resources (Hon. M.K. Mayes) -

      History Trust of South Australia - Report, 1992-93

 

      By the Minister of Emergency Services (Hon. M.K. Mayes) -

      Country Fire Service - Report, 1992-93

      Metropolitan Fire Service - Report, 1992-93

      State Emergency Service - Report, 1992-93

 

      By the Minister of Education, Employment and Training (Hon. S.M. Lenehan) -

      Tertiary Education Act - Report on Administration of, 1992-93

 

      By the Minister of Labour Relations and Occupational Health and Safety (Hon. R.J. Gregory) -

      Construction Industry Long Service Leave Board -

        Report, 1992-93

        Estimate of Liabilities, 1992-93

      Promotion and Grievance Appeals Tribunal - Report, 1992-93

 

      By the Minister of Business and Regional Development (Hon. M.D. Rann) -

      Motor Vehicles Act - Regulations - National Points Demerit Scheme

 

      By the Minister of Health, Family and Community Services (Hon. M.J. Evans) -

      Dental Board of South Australia - Report, 1992-93

      Medical Board of South Australia - Report, 1992-93.

 

 6    Questions

      Questions without notice were asked.

 

 7    Grievance debate

      The Speaker proposed - That the House note grievances.

      Debate ensued.

      Question put and passed.

 

 8    Message from the Legislative Council

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

 

      Environment Protection Bill                           Message No. 21

      MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the protection of the environment; to establish the Environment Protection Authority and define its functions and powers; to repeal the Beverage Container Act 1975, the Clean Air Act 1984, the Environmental Protection Council Act 1972, the Marine Environment Protection Act 1990, the Noise Control Act 1977, and the Waste Management Act 1987; to amend the Water Resources Act 1990 and the Environment, Resources and Development Court Act 1993; 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, 7 October 1993             G.L. Bruce, PRESIDENT

 

          Schedule of the amendments made by the Legislative Council

      No. 1 Page 1, line 11 - Long Title - Leave out “1990 and” and insert “1990,”.

      No. 2 Page 1, line 12 - Long Title - After “1993” insert “and the Development Act 1993”.

      No. 3 Page 1 (clause 3) - After line 22 insert new definition as follows:-

            ‘“activity” includes the storage or possession of a pollutant;’.

      No. 4 Page 4, line 6 (clause 3) - After “place” insert “, but does not include a mortgagee in possession unless the mortgagee assumes active management of the place”.

      No. 5 Page 4, lines 24 to 27 (clause 3) - Leave out the definition of “pollutant” and insert new definition as follows:-

            ‘“pollutant” means -

            (a) any solid, liquid or gas (or combination thereof) including waste, smoke, dust, fumes and odour; or

            (b) noise; or

            (c) heat; or

            (d) anything declared by regulation to be a pollutant;’

      No. 6 Page 5 (clause 3) - After line 18 insert new definition as follows:-

            ‘“spouse” includes putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975);’

      No. 7 Page 6, lines 27 to 33 and page 7, lines 1 to 10 (clause 5) - Leave out paragraphs (a), (b), (c) and (d) and insert new paragraphs as follow:-

            ‘(a)  environmental harm is to be treated as material environmental harm if -

               (i) it consists of an environmental nuisance of a high impact or on a wide scale; or

               (ii)  it involves actual or potential harm to the health or safety of human beings that is not trivial, or other actual or potential environmental harm (not being merely an environmental nuisance) that is not trivial; or

               (iii) it results in actual or potential loss or property damage of an amount, or amounts inaggregate, exceeding $5 000;

            (b) environmental harm is to be treated as serious environmental harm if -

               (i) it involves actual or potential harm to the health or safety of human beings that is of a high impact or on a wide scale, or other actual or potential environmental harm (not being merely an environmental nuisance) that is of a high impact or on a wide scale; or

               (ii)  it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $50 000.’

      No. 8 Page 13, line 25 (clause 13) - Leave out “and implement”.

      No. 9 Page 14, line 26 (clause 15) - Leave out “five” and insert “three”.

      No.10 Page 17, line 22 (clause 20) - After “conservation” insert “of whom one must be a person nominated by the Conservation Council of South Australia Incorporated”.

      No.11 Page 19 (clause 23) - After line 20 insert new subclause as follows:-

            “(5a) Where a member of the Forum has a direct or indirect pecuniary or personal interest in a matter decided or under consideration by the Forum -

                 (a) the member must, as soon as practicable after becoming aware of the interest, disclose the nature of the interest to the Forum; and

                 (b) the disclosure must be recorded in the minutes of the Forum.

                     Penalty:  For a contravention of paragraph (a) - Division 8 fine.”

      No.12 Page 27, lines 6 to 20 (clause 29) - Leave out the clause.

      No.13 Page 27, line 23 (clause 30) - After “modification” insert “the whole or part of a national environment protection measure or”.

      No.14 Page 28, lines 4 and 5 (clause 31) - Leave out “, within 28 days, refer the policy to the Environment, Resources and Development Committee of the Parliament.” and insert:

            “ -

            (a) within 14 days, refer the policy to the Environment, Resources and Development Committee of the Parliament; and

            (b) within 14 sitting days, cause the policy to be laid before both Houses of Parliament.”

      No.15 Page 28, lines 6 to 22 (clause 31) - Leave out subclauses (2), (3), (4) and (5) and insert new subclause as  follows:-

            “(2)  If the Environment, Resources and Development Committee, after receipt of the policy under subsection (1), resolves to suggest an amendment to the policy, the Governor may, on the recommendation of the Minister, by notice in the Gazette, proceed to make such an amendment.”

      No.16 Page 28 (clause 31) - After line 24 insert new subclause as follows:-

            “(6a) If an amendment suggested by resolution under subsection (2) has been made to the policy by the Governor under that subsection, a resolution may nevertheless be passed under subsection (6) disallowing the policy as amended.”

      No.17 Page 29, line 23 (clause 32) - Leave out “an amendment” and insert “a policy”.

      No.18 Page 32, line 27 (clause 38) - After “Part” insert “but only as provided by the                                           regulations”.

      No.19 Page 38, lines 8 to 12 (clause 48) - Leave out all words in these lines and insert new subparagraphs as follow:-

            “(i)  a works approval authorising works for the purposes of a prescribed activity of environmental significance; or

            (ii)  a development authorisation under Division 1 of Part 4 of the Development Act 1993  authorising a development for the purposes of a prescribed activity of environmental significance on each application in respect of that development referred to the Authority in accordance with that Division; or

            (iii) a development authorisation under Division 2 of Part 4 of the Development Act 1993 authorising a development or project for the purposes of a prescribed activity of environmental significance; and”.

      No.20 Page 38, line 16 (clause 48) - Leave out “use the building or structure for” and insert “undertake”.

      No.21 Page 48, lines 19 to 21 (clause 61) - Leave out all words in these lines.

      No.22 Page 55, line 12 (clause 73) - Leave out “pressure.” and insert “pressure; or”.

      No.23 Page 55 (clause 73) - After line 12 insert the following:-

            “(c)  a plastic container of a class prescribed as prohibited containers.

               (1a)  The Governor may not make a regulation prescribing a class of plastic containers as prohibited containers for the purposes of paragraph (c)  of the definition of “prohibited container” in subsection (1) unless satisfied that an effective system of recovery, recycling, reprocessing or reuse of the containers -

                   (a) is not assured in advance of introduction of the  containers to the market; or

                   (b) has not been established or maintained following the introduction of the containers to the market.”

      No.24 Page 63 (clause 88) - After line 11 insert new subclause as follows:-

            “(2a) An authorised officer may not exercise the power to enter or inspect a vehicle except -

                 (a) in relation to a vehicle of a class prescribed by regulation; or

                 (b) where the authorised officer reasonably suspects that -

                     (i) a contravention of this Act has been, is being, or is about to be, committed in relation to the vehicle; or

                     (ii)    something may be found in or on the vehicle that has been used in, or constitutes evidence of, a contravention of this Act.”

      No.25 Page 63 (clause 88) - After line 29 insert new subclause as follows:-

            “(6)  Where a person gives assistance to an authorised officer as required under subsection (5), the person must, if he or she so requires, be reimbursed by the authorised officer or the Authority for any reasonable costs and expenses incurred in giving the assistance.”

      No.26 Page 71, lines 10 and 11 (clause 95) - Leave out subparagraph (ii).

      No.27 Page 72, lines 5 to 7 (clause 96) - Leave out paragraph (d)  and insert new paragraph as follows:-

            “(d)  the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.”

      No.28 Page 74, lines 1 to 3 (clause 98) - Leave out paragraph (d)  and insert new paragraph as follows:-

            “(d)  the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.”

      No.29 Page 76, lines 16 to 18 (clause 101) - Leave out paragraph (d)  and insert new paragraph as follows:-

            “(d)  the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.”

      No.30 Page 77, lines 30 and 31 (clause 102) - Leave out subparagraph (ii).

      No.31 Page 78, lines 31 to 33 (clause 103) - Leave out paragraph (d)  and insert new paragraph as follows:-

            “(d)  the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised  officer.”

      No.32 Page 81, lines 30 to 32 (clause 105) - Leave out paragraph (b)  and insert the following:-

            “(b)  by any person whose interests are affected by the subject matter of the application; or

                (c) by any other person with the leave of the Court.

               (7a)  Before the Court may grant leave for the purposes of subsection (7)(c), the Court must be satisfied that -

                   (a) the proceedings on the application would not be an abuse of the process of the Court; and

                   (b) there is a real or significant likelihood that the requirements for the making of an order under subsection (1) on the application would be satisfied; and

                   (c) it is in the public interest that the proceedings should be brought.”

      No.33 Page 83 (clause 105) - After line 22 insert new subclause as follows:-

            “(21) The Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.”

      No.34 Page 87 (clause 110) - After line 33 insert new subclause as follows:-

            “(3a) The Authority must ensure that information required to be recorded in the register is recorded in the register as soon as practicable, but, in any event, within three months, after the information becomes available to the Authority.”

      No.35 Page 112 (Schedule 2) - After line 1 insert new paragraph as follows:-

            “(w)  by inserting after clause 10 of Schedule 3 the following clause:-

               11. A reference in any other Act to the Water Resources Appeal Tribunal is, on and after the commencement of clause 2 of Schedule 2 of the Environment Protection Act 1993,  to be read as a reference to the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993.

      No.36 Page 112, lines 3 and 4 (Schedule 2) - Leave out “by inserting after section 28 the following sections:” and insert:-

            “ -

            (a) by inserting after section 28 the following sections:”.

      No.37 Page 113 (Schedule 2) - After line 22 insert new paragraphs as follow:-

            ‘(b)  by inserting in section 39(1) “to give an undertaking as to the payment of” after “costs or”;

            (c) by inserting in section 39(4) “or an undertaking,” after “further security,”;

            (d) by inserting in section 39(5) after “security” (twice occurring), in each case, “, or the giving of an undertaking,”.’

      No.38 Page 113 (Schedule 2) - Before line 23 insert new clause as follows:-

            ‘Amendment of Development Act

            3A. The Development Act 1993  is amended -

               (a) by inserting after the definition of “document” in section 4(1) the following definition:

                   “Environment Protection Authority” means the Environment Protection Authority established under the Environment Protection Act 1993;;

                   (b) by inserting after section 36 the following section:

                   Reference of certain applications to Environment Protection Authority

                   36A.  (1) Where -

                             (a) an application for a consent or approval of a proposed development is to be assessed by a relevant authority; and

                             (b) the development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993,

                             the relevant authority -

                             (c) must refer the application, together with a copy of any relevant information provided by the applicant, to the Environment Protection Authority; and

                             (d) must not make its decision until it has received a response from the Environment Protection Authority (but if a response is not received from the Authority within a period prescribed by the regulations, it will be presumed, unless the Authority notifies the relevant authority within that period that it requires an extension of time because of subsection (4) (being an extension equal to that period of time that the applicant takes to comply with a request under subsection (3)), that the Authority does not desire to make a response, or concurs (as the case requires)).

                         (2) Where an application for a consent to a proposed development is referred to the Environment Protection Authority under subsection (1), the Authority may, if it thinks fit, by notice in writing to the relevant authority, dispense with the requirement for a further application for a consent in respect of the same proposed development to be referred to the Authority or responded to by the Authority under that  subsection.

                         (3) The Environment Protection Authority may, before it gives a response under this section, request the applicant -

                             (a) to provide such additional documents or information (including calculations and technical details) as the Authority may reasonably require to assess the application; and

                             (b) to comply with any other requirements or procedures of a prescribed kind.

                         (4) Where a request is made under subsection (3) -

                             (a) the Environment Protection Authority may specify a time within which the request must be complied with; and

                             (b) the Authority may, if it thinks fit, grant an extension of the time specified under paragraph (a).

                         (5) The Environment Protection Authority may direct the relevant authority -

                             (a) to refuse the application; or

                             (b) if the relevant authority decides to consent to or approve the development - to impose conditions determined by the Environment Protection Authority in accordance with the Environment Protection Act 1993,

                         (and the relevant authority must comply with any such direction).

                         (6) Where a relevant authority acting by direction of the Environment Protection Authority refuses an application or imposes conditions in respect of a development authorisation, the relevant authority must notify the applicant that the application was refused, or that the conditions were imposed, by direction under this section.

                         (7) Where a refusal or condition referred to in subsection (6) is the subject of an appeal under this Act, the Environment Protection Authority will be a party to the appeal.;

                             (c) by striking out from section 38(2) “The following” and substituting “Subject to  subsection (2a), the following”;

                             (d) by inserting after subsection (2) of section 38 the following subsection:

                                 (2a) The assignment of a form of development to Category 1 under subsection (2)(a)  cannot extend to a particular development if that development involves, or is for the purposes of, a prescribed activity of environmental significance as defined by the Environment Protection Act 1993;

                             (e) by striking out subsection (6) of section 38 and substituting the following subsection:

                                 (6)  Except as otherwise provided by the regulations, the subject matter of -

                                      (a)       any notice required under this section; or

                                      (b)       any representations under this section; or

                                      (c)       any appeal against a decision on a Category 3 development by a person entitled to be given notice of the decision under subsection (12),

                                      must be limited to the following:

                                      (d)       what should be the decision of the relevant authority as to provisional development plan consent;

                                      (e)       in a case where the Environment Protection Authority or a prescribed body is empowered to direct that the application be refused, or that conditions be imposed in relation to the development - what should be the decision of the Environment Protection Authority or the prescribed body in response to the application;

                                      (f)       by striking out from section 38(7) “submissions” and substituting “representations”;

                                      (g)       by striking out paragraphs (a) and (b) of section 38(10) and substituting the following paragraphs:

                                    (a) in the case of a Category 2 development - the relevant authority may, in its absolute discretion, allow a person who made a representation to appear personally or by representative before it to be heard in support of the representation; and

                                    (b) in the case of a Category 3 development - the relevant authority must allow a person who made a representation and who, as part of that representation, indicated an interest in appearing before the authority, a reasonable opportunity to appear personally or by representative before it to be heard in support of the representation;

                    (h) by striking out subsections (14) and (15) of section 38 and substituting the following subsections:

                        (14)  An appeal against a decision on a Category 3 development by a person who is entitled to be given notice of the decision under subsection (12) must be commenced within 15 business days after the date of the decision.


                        (15)  If an appeal is lodged against a decision on a Category 3 development by a person who is entitled to be given notice of the decision under subsection (12) -

                           (a)  the applicant for the relevant development authorisation must be  notified by the Court of the appeal and will be a party to the appeal; and

                           (b)  in a case where the decision of the Environment Protection Authority or a prescribed body in response to the application for the development authorisation could be a subject matter of such an appeal - the Environment Protection Authority or the prescribed body will be a party to the appeal;

                              (i)  by inserting after paragraph (b)  of the definition of “environmental impact statement” in section 46(1) the following paragraph:

                                (ba)   the extent to which the expected effects of the development or project are consistent with

                                    (i) the objects of the Environment Protection Act 1993;  and

                                    (ii)    the general environmental duty under that  Act; and

                                    (iii)   any relevant environment protection policies under that Act;;

                    (j) by inserting in section 46(4) “consult with the Environment Protection Authority and” after “subsection (2)(b),”;

                    (k) by inserting in section 46(5)(a)  “the Environment Protection Authority and” after “to”;

                    (l) by striking out from section 46(8)(a)  “and any” and substituting “by the Environment Protection Authority or by any”;

                    (m) by inserting in section 46(9)(c)  “the Environment Protection Authority or by” after “provided by”;

                    (n) by inserting after paragraph (c)  of section 48(8) the following paragraphs:

                        (ca)  the objects of the Environment Protection Act 1993;  and

                        (cb)  the general environmental duty under the Environment Protection Act 1993;  and

                        (cc)  any relevant environment protection policies under the Environment Protection Act 1993;  and;

                    (o) by striking out from section 85(15) all words after “under this” and substituting the following:

                        section -

                        (a) to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed;

                        (b) to give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (16);

                    (p) by striking out from section 86(1)(b) the passage in brackets and substituting “subject to the limitations imposed by that section.”’

                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

     Ordered - That the Message be taken into consideration forthwith.

 

                                 In Committee

     Resolved - That Amendments Nos 1 to 12 be agreed to.

     Resolved - That Amendment No. 13 be disagreed to.

     Resolved - That Amendments Nos 14 to 17 be agreed to.

     Resolved - That Amendment No. 18 be disagreed to.

     Resolved - That Amendments Nos 19 to 37 be agreed to.

     Resolved - That Amendment No. 38 be agreed to with an amendment.

                                                      

 

     The House having resumed:

     Mr Ferguson reported that the Committee had considered the amendments referred to it and had agreed to Amendments Nos 1 to 12, 14 to 17 and 19 to 37 and agreed to Amendment No. 38 with an amendment and had disagreed to Amendments Nos 13 and 18.

 

 9    Crown Lands (Liability of the Crown) Amendment Bill

      The Minister of Environment and Natural Resources (Hon. M.K. Mayes), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Crown Lands Act 1929.

      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. D.C. Wotton, that the debate be adjourned until Tuesday next.

 

10    Irrigation Bill

      The Deputy Premier (Hon F.T. Blevins), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the irrigation of land in government and private irrigation disricts; to repeal the Irrigation on Private Property Act 1939, the Lower River Broughton Irrigation Trust Act 1938, the Kingsland Irrigation Company Act 1922, the Pyap Irrigation Trust Act 1923, and The Ramco Heights Irrigation Act 1963; to amend the Crown Lands Act 1929, the Crown Rates and Taxes Recovery Act 1945, the Irrigation Act 1930, the Loans to Producers Act 1927 and the Local Government Act 1934; and for other purposes.

      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. P.B. Arnold, that the debate be adjourned until tomorrow.

 

11    Land Tax (Rates) 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.

 

                                 In Committee

                         Clauses Nos 1 and 2 agreed to.

                         Clause No. 3 read.

 

      Question put.


 

      Committee divided (No. 1):

                  Ayes, 23.                                                          Noes, 21.

         Hon. L.M.F. Arnold

         Mr Atkinson

         Hon. J.C. Bannon

         Hon. G.J. Crafter

         Mr De Laine

         Hon. M.J. Evans

         Hon. R.J. Gregory

         Hon. T.R. Groom

         Mr Hamilton

         Hon. T.H. Hemmings

         Mr Heron

         Mr Holloway

         Hon. D.J. Hopgood

         Mrs Hutchison

         Hon. J.H.C. Klunder

         Hon. S.M. Lenehan

         Mr McKee

         Hon. M.K. Mayes

         Hon. N.T. Peterson

         Mr Quirke

         Hon. M.D. Rann

         Hon. J.P. Trainer

         Hon. F.T. Blevins (Teller)

Hon. H. Allison

Dr Armitage

Hon. P.B. Arnold

Mr Becker

Mr Blacker

Mr Brindal

Hon. D.C. Brown

Hon. J.L. Cashmore

Hon. B.C. Eastick

Mr S.G. Evans

Mr Gunn

Mr Ingerson

Mrs Kotz

Mr Lewis

Mr Meier

Mr Olsen

Mr Oswald

Mr Such

Mr Venning

Hon. D.C. Wotton

Mr S.J. Baker (Teller)

 

      So it was passed in the affirmative.

                       Title agreed to.

                                                      

 

      The House having resumed:

      Mr Ferguson reported that the Committee had considered the Bill referred to it and had agreed to the same without amendment.

 

      Bill read a third time and passed.

 

12    Children's Protection 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 and 2 agreed to.

                       Clause No. 3 read.

      Hon. D.C. Wotton moved on page 1, lines 16 and 17, to leave out the words "a system of care and protection for children who are at risk" and insert in lieu thereof the words "for the care and protection of children and to do so in a manner".

      Question put and negatived.

                       Clause agreed to.

                       Clause No. 4 read.

      The Minister of Health, Family and Community Services moved on page 1, lines 24 and 25   to leave out subsection (1) and insert new subclause (1) as follows:

      (1) In any exercise of powers under this Act in relation to a child -

          (a) the safety of the child is to be the paramount consideration; and

          (b) the powers must always be exercised in the best interests of the child.

 

      Amendment to amendment

      Hon. D.C. Wotton moved to leave out the word "safety" and insert in lieu thereof the word "welfare" and to leave out all words after the word "consideration".

      Question put and negatived.

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

      Hon. D.C. Wotton moved on page 2, line 11, to leave out the word "should" and insert the     word "must".

      Question put and negatived.

                       Clause otherwise amended and agreed to.

                       Clause No. 5 agreed to.

                       Clause No. 6 read.

      Hon. D.C. Wotton moved on page 3, line 25, to leave out the word "significant".

     

                                                        

 

      The House having resumed:

      Mr Ferguson 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 motion.

 

13    Extension of time for adjournment

      The Minister of Health, Family and Community Services moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m..

      Question put and passed.

 

14    Children's Protection Bill

      Ordered - That the further consideration in Committee of the Bill be now resumed.

 

                                 In Committee

                         Clause No. 6 further considered.

      Hon. D.C. Wotton's amendment further considered.

      Question put.


 

 

      Committee divided (No. 2):

           Ayes, 19.                                                                                     Noes, 21.

         Hon. H. Allison

         Dr Armitage

         Hon. P.B. Arnold

         Mr D.S. Baker

         Mr S.J. Baker

         Mr Becker

         Mr Blacker

         Mr Brindal

         Hon. D.C. Brown

         Hon. J.L. Cashmore

         Mr S.G. Evans

         Mr Gunn

         Mrs Kotz

         Mr Meier

         Mr Olsen

         Mr Oswald

         Mr Such

         Mr Venning

         Hon. D.C. Wotton (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. M.J. Evans (Teller)

      So it passed in the negative.

      Hon. D.C. Wotton moved on page 3, line 31, to leave out the words "an employee in the Department" and insert in lieu thereof the words "a member of the staff of the State Courts Administration Council".

      Question put.


 

 

      Committee divided (No. 3):

           Ayes, 19.                                                                                         Noes, 21.

         Hon. H. Allison

         Dr Armitage

         Hon. P.B. Arnold

         Mr D.S. Baker

         Mr S.J. Baker

         Mr Becker

         Mr Blacker

         Mr Brindal

         Hon. D.C. Brown

         Hon. J.L. Cashmore

         Mr S.G. Evans

         Mr Gunn

         Mrs Kotz

         Mr Meier

         Mr Olsen

         Mr Oswald

         Mr Such

         Mr Venning

         Hon. D.C. Wotton (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Mr Quirke

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. M.J. Evans (Teller)

      So it passed in the negative.

      Hon. D.C. Wotton moved on page 5, line 12, after the word "absence" to insert the word ", or"    and after line 12, to insert new paragraph as follows:

        (e) the child is under 15 years of age and is of no fixed address.

      Question put and negatived.

                       Clause otherwise amended and agreed to.

                       Clause No. 7 amended and agreed to.

                       Clauses Nos 8 and 9 agreed to.

                       Clause No. 10 read.

      Hon. D.C. Wotton moved on page 9, after line 21, to insert new paragraph as follows:

        (da)  a member of the clergy;.

      Question put and negatived.

                       Clause agreed to.

                       Clauses Nos 11 to 14 agreed to.

                       Clause No. 15 amended and agreed to.

                       Clauses Nos 16 and 17 agreed to.

                       Clause No. 18 amended and agreed to.

                       Clauses Nos 19 to 27 agreed to.

                       Clause No. 28 read.

      Hon. D.C. Wotton moved on page 18, line 18, to leave out the words "Chief Executive Officer" and insert in lieu thereof the words "Senior Judge of the Court".

      Question put and negatived.

      Hon. D.C. Wotton moved on page 18, after line 19 to insert new subsection as follows:

      (1a)  The Co-ordinator must arrange for a suitable person to act as advocate for the child at the meeting, unless satisfied that the child has made an independent decision to waive his or her right to be so represented.

      Question put.


      Committee divided (No. 4):

           Ayes, 19.                                                                 Noes, 21.

         Hon. H. Allison

         Dr Armitage

         Hon. P.B. Arnold

         Mr D.S. Baker

         Mr S.J. Baker

         Mr Becker

         Mr Blacker

         Mr Brindal

         Hon. J.L. Cashmore

         Mr S.G. Evans

         Mr Gunn

         Mrs Kotz

         Mr Lewis

         Mr Meier

         Mr Olsen

         Mr Oswald

         Mr Such

         Mr Venning

         Hon. D.C. Wotton (Teller)

 

Hon. L.M.F. Arnold

Mr Atkinson

Hon. J.C. Bannon

Hon. F.T. Blevins

Hon. G.J. Crafter

Mr De Laine

Hon. R.J. Gregory

Hon. T.R. Groom

Mr Hamilton

Hon. T.H. Hemmings

Mr Heron

Mr Holloway

Hon. D.J. Hopgood

Mrs Hutchison

Hon. J.H.C. Klunder

Mr McKee

Hon. M.K. Mayes

Hon. N.T. Peterson

Hon. M.D. Rann

Hon. J.P. Trainer

Hon. M.J. Evans (Teller)

      So it passed in the negative.

                       Clause agreed to.

                       Clauses Nos 29 to 48 agreed to.

                       Clause No. 49 amended and agreed to.

                       Clause No. 50 read.

      Hon. D.C. Wotton moved on page 27, after line 34, to insert new subclause as follows:

      (4) The Minister must cause a copy of the panel's report on the review to be given to -

          (a) the child; and

          (b) unless the Minister is of the opinion that to do so would be likely to endanger the child - each of the child's guardians and any other person who was a party to the proceedings in which the order for guardianship was made.

      Question put and negatived.

                       Clause agreed to.

                       Clause Nos 51 and 52 agreed to.

      Hon. D.C. Wotton moved on page 30, after line 2, to insert new clause No. 52a as follows:

      52a Children's Protection Advisory Panel (1) The Minister must establish a panel to be called the "Children's Protection Advisory Panel".

      (2) The panel is to consist of not less than three or more than five persons who have expertise in the field of child welfare.

      (3) The Minister cannot appoint more than one Public Service employee to the panel.

      (4) The functions of the panel are -

          (a) to monitor and keep under constant review the operation and administration of this Act; and

          (b) to report to the Minister, on the panel's own initiative or at the request of the Minister, on any matter relating to the operation or administration of this Act; and

          (c) to make such recommendations to the Minister as the panel thinks fit for the amendment of this Act or for the making of adminstrative changes.

      Question put and negatived.

                       Clauses Nos 53 to 56 agreed to.

                       New Clause No. 56a inserted.

                       Clauses Nos 57 and 58 agreed to.

                       Title read.

      At midnight the Chairman of Committees left the Chair.

 


15    Adjournment

      At midnight the Deputy Speaker adjourned the House until tomorrow at 2.00pm.                        

                                                       

 

 

                       MOTIONS OF WHICH NOTICE WAS GIVEN

 

For Wednesday 13 October 1993

      Notices of Motion: Government Business-

 

The Treasurer to move - That he have leave to introduce a Bill for an Act to amend the Superannuation Act 1988 and the Police Superannuation Act 1990.

 

The Minister of Primary Industries to move - That he have leave to introduce a Bill for an Act to repeal the Canned Fruits Marketing Act 1980, the Farmers Assistance Act 1933, the Primary Producers Assistance Act 1943 and the Primary Producers' Debts Act 1935.

 

      Notices of Motion: Other Motions-

 

Mr Gunn to move - That this House calls on the Government to continue to provide services to towns and communities on the Barrier Highway between Peterborough and the New South Wales border, including the supply of water by the Engineering and Water Supply Department at reasonable cost to the consumer in those areas.

 

Mr Gunn to move - That in the opinion of the House all contracts which are let by the Government should contain a provision requiring the contractors to carry special insurance to guarantee all sub-contractors will get paid in the event of the company getting into financial difficulties which may lead to insolvency or bankruptcy.

 

                                                        

 

      Present during the day - All the Members except Mr Matthew.

 

      The following Pairs were handed in at the Table during the days proceedings:

 

      Division No. 2 - 

        Ayes - Messrs Ingerson and Lewis.

        Noes - Mr R.J. Gregory and Hon. S.M. Lenehan.

 

      Division No. 3 -

        Ayes - Messrs Ingerson and Lewis.

        Noes - Hon. R.J. Gregory and Hon. S.M. Lenehan.

 

      Division No. 4 -

        Ayes - Hon. D.C. Brown and Mr Ingerson.

        Noes - Hon. S.M. Lenehan and Mr Quirke.

 

 

 

 

                                                            N.T. Peterson

                                                            SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY